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Public Prosecutor v Moli [2010] VUSC 115; Criminal Case 24 of 2010 (27 August 2010)

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

Criminal Case No. 24 of 2010

PUBLIC PROSECUTOR

v

BRIM MOLI

Mr Justice Oliver A. Saksak
Mrs Anita Vinabit – Clerk

Inspector August Beta – State Prosecutor for Public Prosecutor
Mr Kevin Nathan for the Defendant

SENTENCE

1. Brim Moli on 9th August 2010, you pleaded guilty to one very serous charge of Intentional Homicide contrary to Section 106(1)(b) of the Penal Code Act Cap 135. The penalty for this offence is life imprisonment.
   
2. Based on your admission of guilt, the Court hereby convicts you of the charge of Intentional Homicide.
   
3. The facts show clearly that on Saturday 19th June 2010 at or about 7 O'clock a.m, you took a pair of scissors and left your house for the nearby bushes. In the bushes, you gave birth to a baby and cut its umbilical cord. You then left the baby lying on the ground. Then you did a terrible thing by placing your foot on the baby's throat and forced it to death. You then covered up the dead baby with leaves and went home.
   
4. You do not seem to be sorry at all for what you did. The only reason you have given for your offending is that your husband's family or relatives did not help and support you. That cannot be a good reason to take your baby's life. You deliberately planned to cause the baby's death. You lost all respect for the life of your baby. The baby suffered when you placed your foot on its neck and caused it to die. That is a heartless and wicked action.
   
5. The only appropriate sentence for you will be a custodial one. This will serve as a deterrence both to yourself and other women or girls from such outrageous behaviour.
   
6. I have been referred to cases such as PP v. Jenny Livo Cr. 13 of 2010 and PP v. Mathias Cr. 27 of 2001 by defence counsel. By comparison, your offending appears more serious than those two cases. As such, the starting point for you is 4 years imprisonment. Taking the aggravating features of the case which are that –
   
   • (a) You planned your actions.
     
   • (b) You delivered the baby yourself indicating you did not care whether it lived or died.
     
   • (c) You stood on its neck and deliberately caused it suffering and eventually death; and
     
   • (d) You acted in breach of trust as a mother, your sentence of 4 years are increased by three years to 7 years.
     
7. I have considered the following mitigating factors on your behalf –
   
   • (a) Your cooperation with the police;
     
   • (b) Your admission at the first available opportunity;
     
   • (c) Your being a first-time offender; and
     
   • (d) Your being a mother of 4 young children ranging from 2 to 6 years. For these, there will be a reduction of the 7 years by 2 years or 24 months. The balance you will serve in prison is 5 years.
     
8. I therefore sentence you to imprisonment for a period of 5 years. This sentence is deemed to have commenced on 2nd July 2010 when you were first remanded in custody.
   
9. That is the Sentence of the Court. You may appeal against it within 14 days if you do not agree with it.
   

DATED at Luganville this 27th day of August 2010.

BY THE COURT

OLIVER A. SAKSAK
Judge