IN THE SUPREME COURT
OF THE REPUBLIC OF VANUATU
(Criminal Jurisdiction)	Criminal
Case No. 20/1354 SC/CRML  	
	                   
  BETWEEN:	
The Public Prosecutor   	

AND:	
Filiami Baleratu
Defendant
	
Date of Plea:
Date of Sentence:	21st July 2020
16th October 2020	
Before:	Justice Oliver Saksak	
In Attendance:	Mr Simcha Blessing for Public Prosecutor
Ms Linda Bakokoto for Defendant 
	
SENTENCE

1.	Filiami Baleratu pleaded guilty to 68 counts of obtaining monies by deception on 21st July 2020 contrary to section 130B of the Penal Code Act [CAP 135] (the Act). He is now appearing for sentence.

2.	The maximum penalty of this offence is 12 years imprisonment.

3.	The facts are that from June 2019 through February 2020 the defendant obtained monies from the following people-

(a)	June 2019			
	VT 10.000 from Jacques Molvara- 	Count 1	
(b)	November 2019			
	VT 15.000 from Micheal Kalsakar	Count 2	
	VT 15.000 from Junior Felix	Count 3	
	VT 15.000 from Sonia Karen Pakoa-	Count 4	
	VT 12.000 from Robert Boblang 	Count 5	
	VT 15.000 from Jimo Jimmy 	Count 6	
	 VT 15.000 from Andrew Harry	Count 7	
	VT 12.000 from Robert Boblang	Count 8	
	VT 12.000 from Francois Kalsakar	Count 9	
	VT 12.000 from Alomis Kalsakar	Count 10	
	VT 12.000 from Tony Jeffrey Taga	Count 11	
	VT 15.000 from Joel Ngwele Sara	Count 12	
			
	VT 12.000 from Rasel Kalowi	Count 13	
	VT 12.000 from Alice Philip 	Count 14	
	VT 15.000 from Linda Laua	Count 15	
	VT 15.000 from Kalo Ishmael	Count 16	
	VT 15.000 from Jennifer Sampet	Count 17	
	VT 15.000 from Kalter Kalsulik	Count 18	
	VT 15.000 from Gideon Kaltapu	Count 19	
	VT 15.000 from Helena Iaput	Count 20	
	VT 15.000 from Tara Taga	Count 21	
	VT 12.000 from Rasel Kalowi	Count 22	
	VT 10.000 from Commi Elijah	Count 23	
(c)	January 2020			
	VT 20.000 from Tom Terter	Count 24	
	VT 12.000 from Micheal Kalosik	Count 25	
	VT 12.000 from Salome Lewia Johnson 	Count 26	
	VT 12.000 from Jimmy Samuel 	Count 27	
	VT 12.000 from John Surao	Count 28 	
	VT 15.000 from Hilda Watas	Count 29	
	VT 15.000 from Daniella Kalosik	Count 30	
	VT 15.000 from Mersani Luvu Cullwick	Count 31	
	VT 15.000 from Nike Malverus	Count 32	
	VT 12.000 from Kalros Kalangis 	Count 33	
	VT 15.000 from Meto Tasso	Count 34	
	VT 15.000 from Raymond Kalsakau	Count 35	
	VT 15.000 from Devrina Tari	Count 36	
	VT 12.000 from Kalo Ishamael	Count 37	
	VT 20.000 from Tom Terter	Count 38	
	VT 15.000 from Jacques Harry	Count 39	
	VT 10.000 from Jacques Harry 	Count 40	
	VT 10.000 frm Valerie Philip 	Count 41	
	VT 15.000 from Rosinda Viti	Count 42	
	VT 15.000 from Lucy Maltery	Count 43	
	VT 15.000 from Narau Failet	Count 44	
	VT 12.000 from Anita Kalses 	Count 45	
	VT 12.000 Rejel Nepnep  	Count 46	
	VT 12.000 from Anita Kalses	Count 47	
	VT 12.000 from Erman Sumsum 	Count 48	
	VT 10.000 from Sali Lala	Count 49	
	VT 10.000 from Pierre Tasal	Count 50	
(d)	February 2020			
	VT 15.000 from Kalsaf Kalsakau	Count 51	
	VT 10.000 from Noe Nalet	Count 52	
	VT 15.000 from Taronmal Areng Namal	Count 53	
	VT 15.000 from Kalsaf Kalsakau	Count 54	
	VT 10.000 from Naenalet	Count 55	
	VT 15.000 from Jocelyne Sese	Count 56	
	VT 10.000 from Yanno Yale 	Count 57	
	VT 15.000 from Yir Kalta Felix 	Count 58	
	VT 15.000 from Rose Yamak	Count 59	
	VT 12.000 from Bilsen Kalses	Count 60	
	VT 15.000 from Renzo Robert 	Count 61	
	VT 15.000 from Suzanne Keinoho	Count 62	
	VT 15.000 from Martine Lamai	Count 63	
	VT 15.000 from Suznne Kainolo	Count 64	
	VT 15.000 from Silas Naulas	Count 65	
	VT 15.000 from Rini Kalomuana	Count 66	
	VT 15.000 from Peter Iamak	Count 67	
	VT 10.000 from Claude Tom	Count 68	

The total amount he collected deceptively was VT 924,000.

4.	The defendant became jobless after he was terminated from 2 previous employments. He needed quick cash and therefore started a fraudulent scheme whereby he introduced himself to the public as an agent of Seasonal Employer Scheme (“RSE”). He obtained monies and promised them contracts for and on behalf of farming companies in New Zealand. He told persons he would use monies to pay for their medical examinations, visas, passports, ID photos and other relevant documents, None of these things ever materialised. The complainants made formal complaints to the police. Investigations were made and the defendant was arrested and questioned under caution. He made admissions.

5.	The defendant used up all the monies he collected for own use and benefit. None of the money collected was recovered.

6.	The offendings were planned. There were repetitive. They were committed on simple citizens in dire need of employment and money. There was a serious breach of trust. The defendant seemed to have enjoyed what he was doing. He has caused a huge loss to 68 people who are obviously affected financially and mentally as a result off the defendant’s deceptions. I consider these are the aggravating features of this defendant’s offendings.

7.	I consider that the defendant’s case is far more serious than that of Bong v PP [2020] VUCA 19 but obviously less serious than Tari and Mala cases.

8.	There are absolutely no mitigating circumstances warranting the commission of this offence repeatedly over 68 times.

9.	Considering the totality of the circumstances, together with the seriousness of the offences committed, I set the starting sentence to be one of 3 years imprisonment.

10.	I therefore sentence the defendant to 3 years imprisonment on each of 68 counts, to be served concurrently. This means the defendant has a total concurrent sentence of 3 years imprisonment.

11.	 He is 35 years old. He is married with children. He is relatively educated. He is skilful in cooking and is an ambitious cook with a small catering business. He cares for and looks after his family well. He is in good health and does not drink kava or smoke cigarettes.

12.	He has not performed any reconciliation ceremony but expresses willingness to make repayments. He has so far made repayments to 5 victims.

13.	Had a clean criminal record. He admitted his actions to the police and made admissions to the Court on the plea day. I am prepared to give him the full 1/3 reduction for this factor. His sentence is reduced therefore by 1 year.

14.	I allow a further 6 months for his other mitigating factors and personal factors. His end sentence is therefore 1 years and 6 months imprisonment.

15.	As to whether or not his sentence should be suspended, I do not see any exceptional circumstances to warrant such a course. There is therefore no suspension of sentence.

16.	Finally I take into account the period the defendant has spent in custody. I therefore backdate his end sentence to 23rd February 2020.

17.	The defendant has a right of appeal against this sentence within 14 days if he does not accept it.

DATED at Port Vila this 16th day October 2020
BY THE COURT

OLIVER.A.SAKSAK
Judge