IN THE SUPREME COURT
OF THE REPUBLIC OF VANUATU
(Criminal Jurisdiction)	Criminal
Case No. 16/2400 SC/CRML  	

BETWEEN:	
Public Prosecutor
	
AND:	Korah William
Accused

Date of SENTENCE:	18th  day of August, 2016 at 11:00 AM	
Before:	Justice Mary Sey	
In Attendance:	Counsel – M. Taki for the State 
Counsel – H. Rantes for the Defendant 	

SENTENCE

1.	Section 107 of the Penal Code provides that no person shall commit intentional assault on the body of another person. If damage of a temporary nature is caused then the penalty prescribed under Section 107(b) is imprisonment for 1 year. 

2.	I have taken into consideration the mitigating factors put forward by defence counsel and in view of the circumstances of the case and considering the character of the accused I shall exercise my discretion to temper justice with mercy. In the result I hereby sentence the accused to 6 months imprisonment to which I shall give him credit for one third reduction as he is a first time offender leaving an end sentence of 2 months which is wholly suspended for 2 years. 

3.	The accused is hereby warned that in the event he commits another offence during such period of suspension the sentence will become operative.

DATED at Port Vila, this 18th day of August, 2016.

BY THE COURT

………………………
Mary Sey
Judge