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

Criminal Case No. 36 of 2004

PUBLIC PROSECUTOR

–VS –

MALIU LETLET

Coram: Mr Justice Oliver A. Saksak
Mrs Cynthia Csiba – Clerk

Counsel: Mrs Linnes Moli – for Public Prosecutor
Mr Jacob Kausiama – for the Defendant

Date: 10th September 2004

SENTENCE

The defendant is charged with two counts of Rape under section 91 of the Penal Code Act and of unlawful sexual intercourse under section 97(2) of the Act. He pleaded not-guilty to the charge of rape and guilty to unlawful sexual intercourse on 12th July 2004. The matter was adjourned for trial today.

He has been kept in custody under remand since 14th April 2004 a period of 5 months.

Today the Prosecutor informs the Court that she wishes to withdraw the charge of rape. Accordingly that charge is withdrawn against the defendant.

The Court convicts the defendant on the second count in accordance with his guilty plea.

In sentencing the defendant I take into account as mitigating factors the fact that he pleaded guilty at the first available opportunity, that he is a first offender with no prior criminal record or convictions, and that he has shown some remorse which manifested itself in their attempts to have a customary settlement but which endeavour was not accepted by the victim’s uncles. I allow some credit to the defendant for these.

I also consider that there was an aggravating factor on the part if the defendant. His occupation is as teacher. The victim is not his pupil. But if as a teacher, he abuses that trust that is placed on him by students, especially young girls, then he becomes a threat to girls. As such a sentence of imprisonment cannot be avoided.

An offence under section 97(2) carries a maximum penalty of 5 years imprisonment. I would have given this man the maximum penalty however allowing for the mitigating factors, I consider the appropriate sentence to be 3 years imprisonment. I order that the 5 months he has already served in custody be deducted from those 3 years. He will now serve the balance of 2 years and 7 months.

A warrant of Commitment is accordingly issued.

DATED at Luganville this 10th day of September, 2004.

BY THE COURT

OLIVER A. SAKSAK
Judge