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Public Prosecutor v Paul [1998] VUSC 70; Criminal Case No 064 of 1997 (8 October 1998)

IN THE SUPREME COURT OF

THE REPUBLIC OF VANUATU

HELD AT LUGANVILLE/SANTO

(Criminal Jurisdiction)

Criminal Case No.64 of 1997

File No. 9/97

-VS-

KEWAKUMALA PAUL

Coram: Mr Justice Oliver A Saksak

> Mr William Falau - Clerk

Counsel: Mr Bill Bani Tangwata for Public Prosecutor

Mr Saling Stephens for the Defendant

class="MsoNoMsoNormal" align="center" style="text-align: center; margin-top: 1; margin-bottom: 1"> ORAL VERDICT

The Defendant has been in custody for 13 months and 6 days today. He has been dwith in custom where here he was fined 5,000vt and a pig. Under section 119 of CPC Act, this court takes that customary reparation into account.

The defendant cooperated with the Police and he pleads guilty this morning after receiving proper legal advices to save a lengthy and unnecessary trial with costs. The defendant is a first offender. It is without doubt he has committed a serious offence but which in my opinion he has been adequately punished.

ass="MsoNoMsoNormal" style="margin-top: 1; margin-bottom: 1"> In the circumstathis is a case where it is appropriate for the court to resort to section 43(4) PCA PCA [CAP.135]. The Defendant is hereby convicted and a conviction is accordingly entered. Having served 13 months and 6 days, which period shall be deemed the defendant's term of imprisonment for this offence, the Defendant is accordingly discharged as from today.

BY THE COURT

class="MsoNormal" style="tee="text-align: justify; margin-top: 1; margin-bottom: 1">

OLIVER A SAKSAK

Judge of the Supreme Court


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