Home | Databases | WorldLII | Search | Feedback Supreme Court of Vanuatu

Public Prosecutor v Nasamal [2002] VUSC 77; Criminal Case No 050 of 2002 (10 December 2002)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
(Criminal Jurisdiction)

CRIMINAL CASE No. 50 OF 2002

PUBLIC PROSECUTOR

-v-

SAMUEL NASAMAL
NOEL WILLIE
ANDRE NOKA

SENTENCE

The defendants are charged with 3 offences:

1. In Count 1: Robbery, contrary to Section 137 of the Penal Code Act [CAP. 135].
2. In Count 2: Unlawful Entry contrary to Section 143 of the Penal Code Act.
3. In Count 3: Theft, contrary to Section 125 of the Penal Code Act.
   

The defendants pleaded not guilty to the offence of Robbery in Count 1 and they all pleaded guilty to the offences of:

- Unlawful Entry as in Count 2;
- Theft as in Count 3.

The prosecution decided to go on with the trial of the defendants in respect to the allegation of Robbery in Count 1. The sentence in Counts 2 and 3 are adjourned.

At the end of the trial, the prosecution fails to prove its case on the criminal standard of proof beyond reasonable doubt. The Court issued a verdict of not guilty to each and all of the defendants in respect to the offence of Robbery, contrary to Section 137 of the Penal Code Act [CAP. 135], as alleged in Court 1.

The following sentence was made on each and all 3 defendants in respect to the offences as charges in Counts 2 and 3.

1. THAT the defendants: Samuel Nasamal, Noel Willie and Andre Noka are sentenced to 8 months imprisonment in respect to Counts 2 and 3.
   
2. THAT the 8 months imprisonment in order 1 are suspended in respect to the 3 defendants for 2 years.
   
3. THAT the victim claimed for civil compensation. The matter is adjourned to 12 February 2003 at 8.30AM for conference.
   

Dated at Port Vila, this 10^th day of December 2002

BY THE COURT

Vincent LUNABEK

Chief Justice