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Public Prosecutor v Kora [2021] VUSC 324; Criminal Case 1959 of 2021 (9 December 2021)

IN THE SUPREME COURT OF Criminal

THE REPUBLIC OF VANUATU Case No. 21/1959SC/CRML

(Criminal Jurisdiction)

BETWEEN: Public Prosecutor

AND: SHEM KORA

Defendant

Date of Plea: 1^st December 2021

Date of Sentence: 9^th December 2021

By: Justice Oliver A Saksak

Counsel: Ms Betina Ngwele for Public Prosecutor

Mrs Kylie Karu for Defendant

SENTENCE

1. The defendant pleaded guilty to 2 counts of domestic violence.
   
2. The maximum penalty for the offence under section 4 (1) (a) of the Family Protection Act is imprisonment not exceeding 5 years or a fine of up to Vt 100.000 or to both.
   
3. On 15^th May 2021 the defendant assaulted his step- daughter within the confines of their home. He happened to miss her but hit the victim’s 5 months old baby instead.
   
4. Then on 16^th May 2021 the defendant assaulted the victim’s mother, his partner with a piece of wood. This was after she had scolded him over the 15^th May incident, the previous day.
   
5. There was no justification or mitigating circumstances for the defendant’s offendings. His actions indicate he is a greedy controlling person. He committed a serious breach of trust. The victim was his step-daughter with a 5 months old son who also became a victim of his offending. Then there was his partner, the victims mother. His offending was repeated. And it was done in the domestic setting where the victims were supposed to feel safe, loved and protected. The defendant went further and had sex with the victim. He admitted this to the chiefs at a meeting held on 18^th May 2021. He was fined VT 20.000 plus a mat and a pig.
   
6. For the aggravating features and on the defendant’s own pleas, I now convict and sentence the defendant as follows:-
   1. For domestic violence on Angelica Ising and her 5 months old child, a start sentence of 2 years imprisonment.
   2. For domestic violence on Berna Ising, a sentence of 2 years imprisonment, concurrent. He is therefore sentenced to a total of 2 years imprisonment.
      
7. For his personal factors and clean past record and reconciliation ceremony, I reduce his balance of sentence by a further 6 months, the balance and end sentence 1 year and 6 months imprisonment.
   
8. I order his end sentence to be backdated to 15^th October 2021 when he was remanded in custody for breach of bail. The period of 2 years suspension starts on 15^th October 2021.
   
9. I Order further that his end sentence be suspended for a period of 2 years on good behaviour. He must remain offence free for this period. If reoffends and is convicted, he will go to prison for 1 year and 6 months. This suspension is made pursuant to section 57 of the Penal Code Act.
   
10. The defendant has right of appeal against this sentence within 14 days.
    

DATED at Port Vila this 9^th day of December 2021

BY THE COURT

OLIVER.A.SAKSAK

Judge