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Public Prosecutor v Boe [1993] VUSC 12; Criminal Case 043 of 1993 (3 June 1993)

IN THE SUPREME COURT OF
THE REPUBLIC: OF VANUATU
(LUGANVILLE SANTO)

CRIMINAL CASE NO.43 of 1993

PUBLIC PROSECUTOR

v.

ERIC BOE

CORAM: BEAUMONT, Acting Judge
Hillary TOA For Public Prosecutor
Heather LINI For Accused

MARKS ON SENTENCE

The Accused has Pleaded Guilty to a Charge of having UNLAWFUL SEXUAL INTERCOURSE with a Girl under the age of 15 but over 13 years (PENAL CODE, SECTION 97(2)). The plea should be accepted. The Accused is convicted accordingly.

The Accused is the Uncle of the complainant. At the time of the incident (December 1990), he was 17. The Complainant was then 14. There is no doubt that Intercourse took place,
although it was claimed by the complainant that this was without her Consent. The Accused disputes this. The Complainant later became pregnant.

The Accused has since married the sister of the Complainant. They have a young baby. The Accused worked as a gardener until he was taken into Custody recently.

The Prescribed Penalty for this offence, serious as it is, is Imprisonment for five years. However, there are mitigating circumstances.

The Accused. says that the complainant told him at the time that she was 16; and that she later told him that she was only 14.

I take account also the fact that the parties were quite close in age.

I also propose to allow for the fact that the Accused has Pleaded Guilty and that a custodial sentence would work hardship on the young family of the Accused.

In my opinion, a relatively severe fine should be imposed as punishment for this Offence.

The Accused is fined the sum of VT40.000 payable by 10 monthly instalments of VT4.000 each, commencing on 1^st July 1993.

The Accused must also pay the Prosecution's cost of VT2.000 by 1^st October 1993.

Dated this 3^rd day off June 1993

B.A. BEAUMONT
Acting Judge