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Public Prosecutor v Issac [1993] VUSC 17; CRC 044 1993 (3 June 1993)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
HEARD AT LUGANVILLE, SANTO
(NORTHERN DISTRICT)
(Criminal Jurisdiction)

CRIMINAL CASE NO. 44 of 1993

PUBLIC PROSECUTOR

v

KEN ISSAC

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

REMARKS ON SENTENCE

The Accused has Pleaded Guilty to two charges of having UNLAWFUL SEXUAL INTERCOURSE with a Girl under the age of 15 but of or over 13 years (PENAL CODE, SECTION 97(2)). I accept his pleas and he is convicted accordingly.

The Offences were committed on 1st and 2nd August 1992.

The Accused is now about 20. At the time the Complainant was only 13 but appeared much older. It seems that the Accused was invited by the Complainant to the home of the complainant at night when her mother was in Vila. It appears that the complainant made it clear to the Accused that she wished to have intercourse with him.

The Accused is single and lives with his family until he was taken into Custody recently, he worked at a Resort.

The complainant now lives in Vila with her mother.

I take into account the fact that this is a first offence and that the Accused has pleaded guilty. Nonetheless, there was a considerable difference in the ages of the parties.

The Accused is fined VT54.000 payable by 18 monthly instalments of VT3.000 each, commencing on 1st July 1993.

The Accused is also to pay the Prosecution’s Costs VT2.000 by 1st November 1993.

Dated this 3rd day of June 1993

B.A. Beaumont
Acting Judge