Home | Databases | WorldLII | Search | Feedback Supreme Court of Vanuatu

Public Prosecutor v Kalman [2008] VUSC 38; Criminal Case 106 of 2007 (8 May 2008)

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

Criminal Case No. 106 of 2007

PUBLIC PROSECUTOR

-v-

PIERRE PEDRO KALMAN

Coram: Justice H. Bulu

Counsels: Mr. Alain F. Obed for the State
Mr. Collin B. Leo for the Defence

Date of Hearing: 26 September 2007
Date of Decision: 8 May 2008

Decision on sentencing

1. This is the sentence of the Defendant Pierre Pedro Kalman. Mr. Kalman pleaded guilty to the charge of arson and as such stands convicted before this Court.
   
2. In sentencing you today I take into account the circumstances of the offending, and any aggravating and mitigating factors, including the law to reach a sentence that, in my view, is the appropriate sentence in the circumstances of this case.
   
3. You are a man of 54 years old and a father.
   
4. The house you burnt was partially completed, roof made of natangura leaves, no walls, wooden posts, and not everything was burnt. Natangura leaves on one side of the roof were saved.
   
5. The commission of the offence, it appears, came about as a result of a long standing dispute over ownership of the land on which the house was built. Your late father, Pedro Peaunaar, who passed away in 2003, had dealt with the dispute until he passed away.
   
6. Any offending contrary to section 134 (1) of the Penal Code Act attracts a maximum term of 10 years in prison.
   
7. When you were summoned to the Police station you made a short statement to the Police in which you said “Mi wantem admittim se mi mi putum fire, but the rest of stori mbae mi wetem solicitor blong mi ijust putum long Court”. This was made on 9 February 2005. You also pleaded guilty to the charge at the first available opportunity. You have cooperated fully with the Police and the Correctional Services Department.
   
8. The Prosecution have submitted that the appropriate sentence for you pursuant to the circumstances of your case is to impose a custodial sentence but have it suspended and order community work pursuant to section 58N of the Penal Code Act. Your counsel has urged this Court to punish you by imposing a fine, and that that fine should be paid by installment. Further, that if the Court agrees with him, you have the ability to pay such fine by installments, at least VT10,000 per month.
   
9. What is the appropriate sentence in the circumstances of your case. The aggravating feature of the offending is that some planning was involved. The partially built house is some way from your home and work place. However, you are remorseful for what you have done. The house was partially completed and made of local material. The natangura leaves on one side of the house were saved. You are 54 years old and not well. You are married with 6 children. All the children are studying except the eldest daughter who works at Air Vanuatu. You suffer from diabetes and high blood pressure. You have a heart problem. You have problems with your eyes also. On 28 February 2008 you went to Noumea for further tests and examination. From Noumea you have gone on to Australia for the same purpose. I have taken into account your current medical situation as is portrayed by the attachments to your unsworn statement which the Public Prosecutor does not object to.
   
10. It is my view that the appropriate sentence in the circumstances of your case is an immediate custodial sentence of 12 months to mark the gravity of the offence and to deter others. Taking into account the mitigating features, the sentence is suspended for 12 months.
    
11. It is also my view that it is proper in the circumstances that you pay a fine of VT100,000. It is my duty to now sentence you to a fine of VT100,000. The sum must be paid up within 10 months of today. VT50,000 to be paid to the State and the other VT50,000 to be paid as compensation to the victim.
    
12. 14 days to appeal.
    

DATED at Port Vila, this 8th day of May, 2008.

H. BULU
Judge.