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Public Prosecutor v Wari [2010] VUSC 193; Criminal Case 32 of 2008 (22 December 2010)

IN THE SUPREME COURT OF THE REPUBLIC OF VANUATU
(Criminal Jurisdiction)

Criminal Case No. 32 of 2008

PUBLIC PROSECUTOR

V

TARTARIS WARI

Coram: Justice N. R. DAWSON

Date of Sentencing: 22nd December, 2010

Counsel: Mr. P. Wirrick for Public Prosecutor
Mr. S. Stephens for Accused

SENTENCE

1. Mr. Jarawari you appear today for sentencing on charges of Arson and Complicity to Arson. Your fellow offenders were sentenced by me in Santo on 26th October, 2010. I won't reiterate the facts that lead to your conviction as they are fully set out in my sentencing notes on 26th October, 2010.
   
2. I have read your Probation Report and also the submissions from the Public Prosecutor and your counsel. Mr. Jarawari it is necessary that I sentence you to make it clear to you and others that you cannot go around taking the law into your own hands and driving people off their land by burning down their houses. This is simply totally unacceptable.
   
3. I note that you are 21 years of age. You did enter guilty plea at an early stage and you indicated some remorse, although the Probation Report would seem to indicate that is only to a limited extent. You have no previous convictions which I also take into account. The Probation Report notes that although you appear to be remorseful you stated that it is fine to get rid of the victims from your village to avoid further problems. In the probation writer's opinion you have a low level of motivation because of your lack of insight into your offending and that your risk of reoffending is high given your lack of insight into your offending.
   
4. You need to be sentenced in a way that is similar to your fellow offenders. A starting point for the charge of arson would be a term of imprisonment of 3 years with the aggravating features increasing it to 4 years. I have to take into account the mitigating factors that are personal to you and it is appropriate to convict and sentence you today to a term of imprisonment for the charge of arson to 2 years imprisonment. For the charges of complicity to arson you are sentenced to a term of imprisonment of 6 months on each charge, both to be concurrent on the arson charge.
   
5. You have the right to appeal this sentence. For any appeal you must lodge a notice of appeal within 14 days of today's date.
   

Dated at Port Vila, this 22nd day of December, 2010

BY THE COURT

N. R. DAWSON
Judge