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Public Prosecutor v Buleval [2011] VUSC 257; Criminal Case 16-11 (26 August 2011)

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

Criminal Case No: 16 of 2011

PUBLIC PROSECUTOR

-VS-

SENLY BULEVAL

Mr Justice Oliver A. Saksak
Mrs Mandeng M. John - Clerk

Mr P. Wirrick for Public Prosecutor
Mrs M. P. Vire for the Defendant

SENTENCE

1. Senly Buleval on 8th July 2011 you admitted to 1 Count of Forgery Contrary to Section 140, to 1 Count of uttering Forged Document Contrary to Section 141 (a), and to 1 Count of Theft Contrary to Section 125 (a) of the Penal Code Act Cap 135. These are serious offences because forgery carries a maximum sentence of 10 years imprisonment and theft carries a maximum of 12 years imprisonment.
   
2. The facts as presented by the prosecutor are not in dispute and there is no need to restate them. However the facts show that you are responsible for the loss of VT922,807 which belongs to your employer the Vanuatu Copra and Cocoa Exporters Ltd (VCCE) through forgery. The facts show that you have at least repaid the sum of VT80,000 through deductions of salaries by your employer. You have since been terminated by VCCE Ltd who have expressed their wish that you should repay them the balance of VT842,807.
   
3. You carried out these offences through a high level of planning and thought, using a middle-man to do the cashing for you while you were in a position of trust. You breached that trust placed on you by your employer.
   
4. In sentencing you today I have had regard to the sentencing guidelines in PP v. Keith Mala [1996] VUSC 22. I have had regard also to the submissions and case authorities cited by Mrs Vire especially the cases of PP v. Tom Jack Mael & Other (2010) VUSC 14 and PP v. Ehndvaun [2004] VUSC 61 where charges were similar but with different factual circumstances.
   
5. In light of the above cases the most appropriate punishment for you for the three charges will be custodial terms. However I have considered the mitigating factors such as –
   
   • (i) Being a first time offender with no previous convictions;
   • (ii) Early guilty pleas;
   • (iii) A desire to repay all monies in full
   • (iv) The delay of over 2 years before complaint was made and charges laid.
     

I have also considered the medical report attached to your Pre-Sentence report. For these factors it is necessary to suspend your terms of imprisonment.

6. The Court therefore sentences you as follows :-
   
   1. Count 1 - Forgery - 3 months imprisonment concurrent.
   2. Count 2 - Uttering Forged Document - 4 months imprisonment concurrent.
   3. Count 5 - Theft - 7 months imprisonment concurrent.
      

The total term of imprisonment shall be 7 months but these are suspended for a period of 2 years from the date of this sentence. You must not commit similar offences or any other criminal offence within these 2 years. If you do, you will automatically go to jail for 7 months.

7. The Court issues a restitution Order against you for the sum of VT842,807. You must ensure that this amount is paid back to VCCE Ltd within a period of the 2 years in which your sentence is suspended. If you fail and VCCE Ltd makes a complaint to the Court, your suspended sentence may be activated.
   
8. That is the sentence of the Court.
   

DATED at Luganville this 26th day of August 2011

BY THE COURT

OLIVER A. SAKSAK
Judge.