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

Criminal Case No. 71 & 75 of 2006

PUBLIC PROSECUTOR

-v-

TEVIL YONNA

Coram:			Justice H. Bulu

Counsels:	Mrs. Viviane Laumae for the State 
Mr. Peter Bartels for the Defendant 

Date of Hearing:	31 October 2007 
Date of Decision:	20 November 2007 

DECISION ON SENTENCE

1.	This is the sentence of Defendant, Tevil Yonna. Mr. Yonna, you were charged with five counts altogether against two victims who are your own daughters. 

2.	In relation to the first victim, who for the purposes of this proceeding I will call “X”, you pleaded guilty to one count of rape and one count of incest contrary to sections 90 (a), 91 and 95 (1) (a) respectively. 

3.	In relation to the second victim, who for the purposes of this proceeding, I will call “Y”, you pleaded guilty to one count of attempted rape, one count of incest and one count of indecent assault. 

4.	Rape attracts a maximum sentence of life imprisonment. Incest carries a maximum sentence of 10 years imprisonment. Indecent assault attracts a maximum sentence of 10 years imprisonment also. These are very serious offences on our statue books. 

5.	The circumstances of the offending on each occasion in this proceeding is very serious indeed. 

6.	In relation to X, who is your own daughter, sometime in 2002, at lunch time, you followed her into her room and closed the door behind you. You approached her and touched her breasts. You then made her lie down on a mat, removed her clothing and had sexual intercourse with her. 

7.	On 9th December 2005 you again had sexual intercourse with X, this time in the night. After you had finished with her, you also had sexual intercourse with her little sister in front of her. The other girl had woken up while you were having sex with X and watched you. 

8.	In relation to “Y”, sometime in July 2005 you tricked her to see you so you could send her to buy some matches. When she approached you, you led her to her room. You made her lay down on a mat, removed her clothing as well as yours and slept on top of her. You tried but could not penetrate her. She felt much pain during the attempt. Her mother had entered the room after the incident and asked her what had happened. She did not say anything as you had warned her not to say a word about what you had done to her. 

9.	Later on during the same month you asked her to follow you to the garden. She had refused to do so. However, you threatened her and she followed you. In the garden you held the victim, lifted her skirt, removed her panty and unlawfully touched her vagina. She felt a lot of pain. She told you that it was painful but you would not stop. You pushed a finger into her vagina. During all this, she tried to pull her trousers on but you kept pulling it down. 

10.	She started to be frightened of you after what happened. 

11.	There are certainly aggravating factors in the circumstances of the offendings. They are as follows:- 

(a)	Vulnerability of both victims due to their age (10 & 11 years) at the time of the offendings. 

(b)	Offending occurred more than once on both victims. 

(c)	Touched Y’s vagina. 

(d)	Pushed a finger into Y’s vagina. 

(e)	Attempted to have sexual intercourse with Y. 

(f)	You are the biological father of both victims. 

(g)	Serious breach of trust or bond between both victims and yourself as the father. 

12.	You have pleaded guilty to all the offences you have been charged with:- 

-	attempted rape 
-	rape 
-	incest 
-	indecent assault 

13.	The mitigating features are that you performed reconciliation ceremony in line with custom; one pig, one stampa kava, 4 mats, food. You paid a fine of VT2,000. This was done in relation to victim X, not victim Y. 

14.	Mr. Yonna, it is sad to see that you have not shown that you are sorry for what you have done to your own daughters. The damage you have caused both girls most likely will remain with them for a long long time. Victim Y became very scared of you after the incidents. 

15.	The law in relation to abusing young girls sexually is clear. This is found in PP v. Bae where the Court stated:- 

“The principles are simple. Parents who use their children for their own sexual gratification will go to prison. It is almost impossible to imagine circumstances in which that will not be the necessary response. This Court would anticipate that it will only be in the most truly exceptional circumstances, which are clearly and unequivocally demonstrated to exist, that this will not apply.” 

16.	The circumstances of the offendings in this case are, in my view, clearly an abuse by a father of his young girls of 10 and 11 years old at the time of the offendings. For both girls the offending did not occur once but more than once. You have used your own daughters for your own sexual gratification. You are their father. They looked to you for support, protection and assistance as a father is entitled to provide to his children. Instead you abused their trust and took advantage of their vulnerability. You, I believe, have destroyed the special bond that exists between you as their father and your daughters. 

17.	What is the appropriate sentence in the circumstances of your case. You have shown no remorse, and you have not apologized for the wrongs you have caused to your daughters, your family, and your community. 

18.	Mr. Yonna:- 

(a)	On the count of rape the starting point must be 4 years and increased to 6 years for the aggravating features. 

(b)	On the count of incest, the starting point is 4 years and increased to 6 years for the aggravating features. 

(c)	On the count of attempted rape, the starting point is 4 years and increased to 6 years from aggravating features. 

(d)	On the count of attempted rape, the starting point is 4 years increased to 6 years for the aggravating features. 

19.	The sentence are to run concurrently. The period you have served is deducted (13 months). One third is deducted for your guilty plea. Mr. Yonna, I now sentence you to a custodial sentence of 2 years 11 months, effective from 20 October 2006 when you were taken into custody. 

DATED at Port Vila, this 20th day of November, 2007. 

H. BULU
Judge.