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Public Prosecutor v Leo [2009] VUSC 47; Criminal Case 31 of 2008 (9 February 2009)

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

Criminal Case No. 31 of 2008

PUBLIC PROSECUTOR

V

CHARLINGTON LEO

Mr Justice Oliver A. Saksak
Mrs Anita Vinabit – Clerk

Mr Lent Tevi and Mr Gregory Takau for Public Prosecutor
Mr Kevin Nathan for the Defendant

SENTENCE

1. You pleaded guilty to one count of Sexual Intercourse without consent contrary to Section 91 of the Penal Code Act Cap 135.
   
2. The maximum penalty for this offence is life imprisonment.
   
3. In assessing your Sentence I have taken into consideration submissions by the Public Prosecutor. I have also considered the submissions in mitigation made on your behalf by Mr Nathan in light of the pre-sentence report produced by the Probation Service.
   
4. You are young man of 19 years with good educational prospects for the future. You were doing 100 level degree courses in geography at USP when you were apprehended in December 2008. This offending did not allow you to sit the final exams for semester 2. That is a sad thing for you and those who supported your in your studies. You let them all down by one act of sexual offending.
   
5. You pleaded guilty at the first opportunity saving the complainant from having to go through the ordeal of retelling her story before an audience in Court. The Court will allow a 1/3 reduction of Sentence for this.
   
6. As your case was uncontested, I accept the Prosecutor’s submission that the starting point should be two years which is 24 months. A third of these are deducted leaving the balance of 20 months or 1 year and 8 months.
   
7. You were first remanded in custody on 21st November 2008. That is the effective date of your term of imprisonment.
   
8. You are therefore hereby convicted of one count of sexual intercourse without consent and accordingly Sentenced to 1 year and 8 months imprisonment.
   

DATED at Luganville this 9th day of February 2009.

BY THE COURT

OLIVER A. SAKSAK
Judge