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Public Prosecutor v Tom [2015] VUSC 102; Criminal Case 164 of 2014 (5 August 2015)

IN THE SUPREME COURT

OF THE REPUBLIC OF VANUATU
(CRIMINAL JURISDICTION)

CRIMINAL CASE NO. 164 OF 2014

PUBLIC PROSECUTOR

V

TAIZAN TOM
STANDLEY TOM

Coram: Justice Mary Sey
Counsel: Damien Boe for the Public Prosecutor
Less Napuati for the Defendants

SENTENCE

1. Taizan Tom and Standley Tom, you were both convicted on your guilty plea to an offence of Intentional Assault causing injuries of a permanent nature contrary to Section 107 (c) of the Penal Code Act [CAP135].
   
2. The defence concedes to the facts as summarized by the prosecution. On 5 August 2014, at Prima area, the defendants assaulted Tiniso Medrick and Rodrick George aged 3 and 9 respectively. As a result of the assault both boys sustained permanent injuries on their heads and bodies and they were admitted and treated at the Vila Central Hospital.
   
3. The offence you have committed is a serious offence and the seriousness of your offending is reflected in the maximum penalty of 5 years imprisonment set by law. You offending is aggravating by the fact that the victims are very young and they are also your relatives.
   
4. As was stated by the Court in Public Prosecutor v Iawafil (2010) VUSC 90, the starting point of sentencing for offences of this nature is 2 years. Due to the aggravating factors involved, I would uplift this sentence to 3 years.
   
5. In mitigation, you are first time offenders and you co-operated well with the police. Also, you have shown remorse for what you have done and you have performed a custom ceremony.
   
6. I note that you both pleaded guilty at the first available opportunity. In this regard, I am mindful of the case of PP v Gideon [2002] VUCA 7 where the Court of Appeal said:
   

“As is always the case, having reached that conclusion, it is necessary to consider what reduction should be allowed for mitigating factors. The first and most obvious in this case was the plea of guilty. That always will attract a substantial reduction particularly when it occurs at the first available opportunity. It is also an indication of remorse and contrition.”

7. So, you are entitled to full credit of one third each for an early guilty plea. That amounts to 12 months reduction in the prison sentence of 36 months taking it down to 24 months which I would suspend for 2 years.
   
8. In addition you are both sentenced to 80 hours of community work each and 6 months supervision.
   
9. You should note that even though you are not going to prison today, you now have a criminal record. If you re-offend and you are convicted before the 2 years' suspension period expires, your sentence of 24 months imprisonment shall be re-activated and you may be required to serve this sentence of imprisonment in addition to any sentence that may be imposed on you for your re-offending.
   
10. You have 14 days within which to file a notice of appeal against this sentence if you do not agree with it.
    

M.M.SEY
Judge

Dated at Port Vila, this day of , 2015.

BY THE COURT