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Public Prosecutor v Amariliu [2020] VUSC 288; Criminal Case 1511 of 2020 (27 October 2020)

IN THE SUPREME COURT
OF THE REPUBLIC OF VANUATU
(Criminal Jurisdiction)
Criminal Case No.20/1511 SC/CIVL
BETWEEN:
Public Prosecutor
AND:
Jackey John Amariliu
Defendant

Date of Plea :
Date of Oral Judgment:
Date of Written Judgment:
26th October 2020
27th October 2020
27th October 2020
Before:
Justice Oliver.A.Saksak
In Attendance:
Mr Ken Massing for Public Prosecutor
Mr Francis Tasso for the Defendant

SENTENCE


  1. Jackey ( John) Amariliu you pleaded guilty to committing sexual intercourse with your step daughter on 4 different occasions in December 2019. These happened in the nights of 15, 16, and 17 December 2019 at your own house when on each occasions you inserted your fingers into Jinney’s vagina. Jinney is your step daughter- the biological daughter of your wife. She is 18 years old. This action is a crime under section 89A (a) of the Penal Code Act [ Cap 135]. And when it is done without consent, it is an offence under sections 90 and 91 of the Act. It is an offence against morality.
  2. The maximum penalty is life imprisonment.
  3. These offences occurred four times in 3 days. They occurred in your house where your step daughter was supposed to feel safe. They were planned. The victim was pregnant at the time. She is your step daughter.
  4. As a married man with 4 children there was absolutely no excuse why you should be doing this to your step daughter.
  5. Applying Scott and Gideon- The appropriate sentence for you will be a custodial sentence. I set your starting sentence at 8 years imprisonment for each of the four counts to run concurrently.
  6. This sentence is to-
  7. In mitigation, I take into account first your guilty plea yesterday. I allow 25% for this factor and reduce your start sentence of 8 years by 2 years down to 6 years imprisonment.
  8. I consider your personal factors such as age of 45 years, a married men with 4 children attending school your contributions to the community and your other mitigating factors such as 2 custom reconciliation ceremonies performed, your clean past record, I reduce your sentence further by another 2 years. Your sentence is now 4 years imprisonment. I reduce it further by 4 months in which you were in custody from March to June 2020. Your end sentence is now 3 years and 8 months imprisonment.
  9. You are convicted and sentenced accordingly for 3 years and 8 months. There will be no suspension of sentence. Your sentence takes immediate effect as of today. You will serve your imprisonment term at the Correctional Centre in Port Vila.
  10. You have a right of appeal against this sentence within 14 days if you are not happy with it.

DATED and ISSUED at Laman Bay this 27th day of October 2020

BY THE COURT


Oliver.A.Saksak

Judge

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URL: http://www.paclii.org/vu/cases/VUSC/2020/288.html