Home | Databases | WorldLII | Search | Feedback Supreme Court of Vanuatu

  Download original PDF

Public Prosecutor v Albert [2017] VUSC 117; Criminal Case 1833 of 2017 (18 August 2017)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
(Criminal Jurisdiction) Criminal Case No. 1833 of 2017

PUBLIC PROSECUTOR
-v-

NOLAN ALBERT

Coram: V. Lunabek- CJ

Counsels: Ms Micheline Tasso for Public Prosecutor
Ms Kylie Bakeo for the Defendant

Date of Delivery: 18^th August 2017

sentence

1. Mr Nolan Albert, you are charged with one count of intentional assault, contrary to s.107 (b) of Penal Code Act. On 2 August 2017, you entered a guilty plea to that count.
   
2. The complainant Mr Manoah Kalotiti lodged a complaint against you and Mr Obed Kalwatman on 25 April 2017 for that offence of intentional assault in Count 1 of the information. Mr Obed Kalwatman pleaded not guilty to that count and will be separately tried. You are sentenced today.
   
3. On 14^th April 2017 at around 3.00am at Pango village in the surf side area, you and the co-accused were intoxicated with alcohol. The complainant was also intoxicated with alcohol at that time.
   
4. You saw the complainant coming out from a car.
   
5. You approached the complainant and started a conversation with him which lead to a fight.
   
6. You assaulted the complainant on his head.
   
7. I read the pre-sentence report. I read and consider the prosecution submissions. I also read and consider the submissions made by your lawyer on your behalf.
   
8. I sentence you to 12 months imprisonment.
   
9. In mitigation, I reduce your sentence of 12 months by one third to reflect your guilty plea given at the earliest opportunity by the Court.
   
10. I reduce your sentence further by 3 months for the fact you are a first time offender, you are remorseful, you are cooperated with the police.
    
11. The balance of your sentence is 5 months imprisonment. I consider the nature of your offending and the circumstances of your offending, I decide to suspend your sentence of 5 months imprisonment for a period of 1 year.
    
12. In addition, I order you to perform 50 hours community work.
    
13. You have 14 days to appeal this sentence if you are unsatisfied with it.
    

DATED at Port Vila, this 18^th day of August, 2017

BY THE COURT

V. LUNABEK
Chief Justice