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Public Prosecutor v Sakara [2005] VUSC 137; CRC 063 2005 (7 December 2005)

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

Criminal Case No. 63 of 2005

PUBLIC PROSECUTOR

VS.

JACK SAKARA

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

Mr Lent Tevi for the Public Prosecutor
Mr Jacob Kausiama for the Accused.

7th December 2005.

SENTENCE

Jack Sakara of Maewo Island is charged with one count of Incest contrary to section 95(1) of the Penal Code Act [Cap. 135]. He pleads guilty to the charge.

On the basis of his plea the Court enters a conviction against he accused. In assessing sentence I consider the following aggravating factors:-

(a) That the accused abused the trust placed on him as a father by his daughter.

(b) The sexual activities commenced in 1998 and were repeated over the ensuing years until 30^th July 2005 when he was discovered in the act by his wife.

In mitigation Mr Kausiama urged the Court to take into account the age of the accused, his honesty in disclosing the matter, and his early plea today. He is a man of 58 years old. His age does not become a mitigating factor but rather it is an aggravating factor. As a mature man, he should have known better. His only mitigating factor is his early plea saving what would have been a lengthy and costly trial and an embarrassing one. I therefore allow a credit of 1/3 reduction.

In the circumstances of the case, and on the basis of Public Prosecutor v. Willie Atis; Public Prosecutor v. Keven Gideon; Public Prosecutor v. Gratien Bae, Solarse Abednigo v. Public Prosecutor and Peter Talivo v. Public Prosecutor a jail term cannot be avoided.

I therefore consider the appropriate penalty would be imprisonment for a term of 3 years or 36 months less 4 months or 1/3 reducing it to 32 months or 2 years and 8 months imprisonment.

Accordingly I order the accused to be imprisoned for a period of 2 years and 8 months. This term commenced on 1^st December 2005.

DATED at Luganville this 7^th day of December, 2005.

BY THE COURT

OLIVER A. SAKSAK

Judge