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Public Prosecutor v Robert [2003] VUSC 114; Criminal Case 035 of 2001 (22 September 2003)

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

Criminal Case No.35 of 2001

PUBLIC PROSECUTOR

v.

BELL ROBERT

Coram: Justice Treston
Mr. Tavoa for Prosecution
Mr. Kalmet for the Accused

ORDER

(1) The Defendant's conviction and sentence of two years imprisonment imposed on 22nd February 2002 is confirmed.

(2) By consent the sentence of two years imprisonment shall not be executed for a period of three years from today's date on the following conditions:-

(a)The accused shall repay to the Tamalau Co-operative Society the balance outstanding of VT770, 000 within 3 years,

(b) The amount shall be paid to the account of the Tamalau Co-operative Society bank account number 20/00090643 at the Westpac Banking Corporation, Port Vila at the rate of VT20, 000 per month on or about the 1st day of each month with the first of such payments to be made on Wednesday 1 October 2003.

(c) If the accused does not pay each and every instalment as in (b) on or about the 1st day of each month the sentence of two years imprisonment shall come into force.

(d) All monies paid into the bank account referred to in (b) shall remain in that account until the total amount of VT800, 000 is paid in full, unless and until any application is made to the Court by the official office bearers of the Co-operative to use all or any of the deposited monies.

Dated AT PORT VILA, this 22^nd day of September 2003

BY THE COURT

P.I. TRESTON
Judge