Coram: Chief ce Vincent
Lunabek
Counsels: Ms Myranda Forsyth
for the Public Prosr
Mr. Stephen Joel for the
Defendant
The Defendant is charged with
the following counts:
(1) &nnsp;&&nsp;;&nspp;&nssp;&nsp;
(2) &nbssp;&nnsp;&&nsp; &nsp; &nbbp;&nnbsp;
Mpan>Malicious Damage to Property, contrary to Section 133he Pe Act.
(3) & p; &nsp; &nsp; ;&nbpp; &n sp;
Arson, con, contrary to Section 134(1) of the Pende AcP.135].
On 3 April 2002, the Defendant
pleaded guilty to the three (3) above counts. The case was adjourned to 15
April 2002 at
3.30PM o’clock for sentence.
The three (3) allegs arise
from an incident occurring on 15 February 200y 2002 in the early hours of the
morning at a
house rented by Mr. Kunitomo Mamoru. The complainant in the
case was Ms Yvone Namel. She was Mr. Kunitomo’s house girl and
was also
living in a room of that house. The Defendant and Yvone had had a previous
relationship.
During that period the
Defendant lived with the complainant in the house. That That relationship had
ended on 11 February
2002. On 13 February 2002, the Defendant come to the
house where the complainant lived and had argued with her and in the course
of the argument, the Defendant threatened the complainant. Yvone, then, went
to stay with her parents at Seaside, Port-Vila.
On 15 February 2002, the
Defendant arrived at 4.30AM in the morning at Ms Yvone’s room after he had
some alcohol. When
he arrived, the door was closed so he pulled out a window
and jumped into Yvone’s room. Yvone was not there. The Defendant
became
enraged and lit the gas stove in the kitchen. He then put all of Yvone’s
clothes on top of the stove. He then
left the house. The fire that he lit
continued to burn and caused damage to the kitchen before it was put out by
Mr.
Kunitomo with the help of his neighbours.
Under Se 143 of the Penal
Code Act, an offence is committed when a “person enters or is in anin any house,
building, tent, vessel or other place with intent
to commit an offence
therein.”
The facts show the Accused
was in the house and when he found out tout that Ms Yvone was not in the room, he
formed the
intent to commit the offence of arson. He pleaded guilty to the
offence of Unlawful Entry, contrary to Section 143 of the Penal Code. He is
convicted and sentenced to pay fine of 10,000 Vatu.
<
The Accused pleadelty also
to the offence of malicious damage to properroperty, contrary to Section 133 of
the Penal Code. A conviction is recorded against him of malicious damage by
fire of Yvonne clothes valued at Vatu 18,500 and other property
of unknown
value because of the difficulty to get appropriate assessment at this stage
of the proceedings. The Accused
is convicted and sentenced to pay a fine of
Vatu 10,000.
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As to the offence of arson,
Accused is convicted and ordered to pay a fine of Vatf Vatu 10,000. The victim
claimed compensation
for her clothes valued at Vatu 18,500. The Accu accepted to p to pay that amount to the victim. Mr. Kunitomo Mamoru claimed
20,140 Vatu for items destroyed in the kitchen and owned by him. Here also,
the Accused accepted to pay that amount to
Mr. Kunitomo. The Accused
accepted also to pay an amount of Vatu 10,000 to compensate the hardship Mr.
Kunitomo Mamoru
had gone through after the arson and having no kitchen and
cooking facilities.
As to ther’s of the house
claim, both prosecution and the defence counsels agree that that clat claim will
be dealt with
as a Civil Claim under Part XII of CAP.136 (ss.213-217).
The Defendant says he can pay 20,000 Vatu per month and will start within 2 weeks as fros from the date of this
Order.
The decision in PP v. Noses,
Criminal Case No.7 of 1991 is followed andd and applied in this case.