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Public Prosecutor v Maltaus [2016] VUMC 1; Criminal Case 363 of 2015 (7 September 2016)

IN THE MAGISTRATES COURT

OF THE REPUBLIC OF VANUATU Cr. Case No. 363 of 2015
(Criminal Jurisdiction)

PUBLIC PROSECUTOR

V

LOTI MALTAUS

Coram: Moses Peter
Court Clerk: Florina Ephraim

Appearances: Malsolip Tamau for the State
Defendants appear in Person

SENTENCING

UPON HEARING Defendant Loti Maltaus plead guilty on the charge of Theft contrary to section 122 & 125 of the Penal Code Act [CAP 135];

AND UPON HEARING Mr. Malsolip for the State Prosecution on brief facts of the case;

AND UPON FURTHER HEARING the defendant Loti Maltaus about her offending and personal circumstances;

THE COURT IS SATISFIED THAT:

• The bag and wallet stolen by the defendant was returned without cash money of VT 20,000 and the iPhone 6.
• The defendant spends all the money on alcohol.
• The defendant denied having stolen the bag and its content but blamed one Salome to be responsible for the theft.
• It was until the Police questioned Salome when it became clear that Loti Maltaus took the bag and used the money.
• The defendant admitted the allegation to the police.
• The defendant is currently unemployed.
• Her eldest son works at South Pacific Hardware and support her and her other two children.
• She works in her garden to substantially support her family.
• Her husband left her and they had equal custody over the 6 children.
• She said she was drunk and did not realize what she did was wrong.
  

IT IS THEREFORE ORDERED THAT:

1. Having heard you plea guilty on the charge, the court is going to impose a sentence that will mark the gravity of the offence and set as a deterrence for you and other people in the society that Parliament contempt the act of theft as reflected in the maximum penalty of the offence.
2. You are to serve community work sentence of 80 hours.
3. Conviction is hereby entered for your offending.
4. You must report in person to a Probation Officer no later than 72 hours from the passing of this sentence.
5. You have 14 days to appeal if not satisfied with this sentence.
   

DATED at Port Vila this 7^th day of September 2016

BY THE COURT

...................... MOSES PETER Senior Magistrate