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Public Prosecutor v Andrew [2011] VUSC 106; CRC 07 of 2008 (16 May 2011)

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

Criminal Case No. 07/ 2008

PUBLIC PROSECUTOR

V

EZEKIEL ANDREW

Hearing: 16th May 2011
Before: Justice Robert Spear
Appearances: Mr. L. Malantugun for State
Mr. E. Molbaleh for Accused

SENTENCE

1. Andrew Ezekiel you are for sentence on one charge of unlawful entry and two charges of thief.
   
2. You pleaded guilty with your co-offenders quite some time ago. The offending indeed occurred back on 24th December 2007. The three co-offenders you were signficantly older than you in real terms as you were sixteen years of age and they were in their early twenties.
   
3. The four of you entered the house unlawfully and stole items from it. You also drove away in a bus that was parked in the driveway.
   
4. Justice Dawson dealt with the other three and I refer to his sentencing decision of the 29th July 2009. You were supposing to be sentenced that day as well but you did not appear.
   
5. There has been a warrant out for your arrest since 30th July 2009. You were finaly arrested last Friday. You were declined bail and you have been in custody now since last Friday. So, you have had a taste of what prison is about. You should know by now that prison is the for people who go unlawfully in peoples homed to steal from them.
   
6. The case taken for your co-offenders was a starting point of 2 years imprisonment. There was then movement to reflect their respective degrees of involvement and their respective personal circumstances.
   
7. A pre-sentence report was prepared on you over two years ago. It made note of your young age at that time (16 years of age) and recommended 2 years supervision. To a degree, I am still prepared to deal with you in the community and that is principally because you were a young impressionable lad in the company of significantly older men, you have had a three day taste of prison and you will also undertake community work.
   
8. You are placed under supervision for a period of two years on the special conditions that you attend:
   
   • - a spiritual counseling program as directed by a probation officer;
     
   • - the Wan Small Bag Theatre Educational and life skills program as directed by a probation officer.
     
9. You will also carry out 150 hours community work.