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Public Prosecutor v Towala [2005] VUSC 117; CRC 020 2005 (4 October 2005)

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

SC No. 20 of 2005

PUBLIC PROSECUTOR

VS.

ALFRED TOWALA

Coram: Mr Justice Oliver A. Saksak
Mrs Anita Vinabit – Clerk

Mr Lent Tevi for the Public Prosecutor
Mr Hillary Toa, Public Solicitor for the Defendant.

SENTENCE

Alfred Towala, you have pleaded guilty to a charge of indecent assault contrary to section 98(1) of the Penal Code Act CAP. 135. You admitted and have confessed to indecently dealing with a young girl of 13 years when the incident occurred in 2003.

You are a mature man living with a de facto wife and you both have a child. There was no need for you to do this. You have brought shame on yourself, your de facto wife and child and to your community.

The law protects young girls and women. The girl was a student in 2003 when you indecently dealt with her. You did not repeat the act and it did not lead to any subsequent act beyond a skin to skin contact. Yet the law prohibits such a behaviour.

In assessing your punishment I take into account to mitigate sentence the following factors:-

1. That you are first-offender.
2. That you pleaded guilty today.
3. That you co-operated with the police.
4. That you are remorseful and to manifest that you paid a fine of VT200, 1 red mat and 1 pig.
   

I allow 1/3 remission in respect of these factors.

I consider that the appropriate penalty to impose is an imprisonment term of 5 years. In months that will be 60 months. However I will discount 1/3 which is some 20 months leaving the balance of 40 months or 3 years and 4 months.

I further consider that this is a case where a suspended sentence should be imposed. Therefore I order that your 3 years and 4 months be suspended for a period of 2 years from today. This suspension is made pursuant to the Suspension of Sentences Act CAP. 67.

DATED at Luganville this 4^th day of October, 2005.

BY THE COURT

OLIVER A. SAKSAK

Judge