IN THE SUPREME COURT OF					Criminal
THE REPUBLIC OF VANUATU					Case No. 21/2822 SC/CRML
(Criminal Jurisdiction)

						BETWEEN:	Public Prosecutor
						
AND:		Bush Baet
		Defendant

Date:			16th September 2021
By:			Justice G.A. Andrée Wiltens 
Counsel:                         Mr D. Boe for the Public Prosecutor 
Mr R. Willie for the Defendant

SENTENCE

__________________________________________________________________________________

A.	Introduction

1.	Mr Baet pleaded guilty to a charge of unlawful sexual intercourse with a young person aged between 13 and 15 years.

B.	Facts

2.	CF was born on 11 March 2007.

3.	On 18 July 2021, CF was at the house of a relative. Mr Baet entered the house, saw that CF was alone and locked the door behind him. He took off CF’s clothes and had sexual intercourse with her. After he had ejaculated he put back his clothes and left.

4.	CF immediately told her mother what had occurred.

5.	When questioned by the police Mr Baet elected to remain silent.

C.	Sentence Start Point 

6.	The sentence start point is to be assessed by having regards to the maximum sentence available and factoring in the aggravating and mitigating aspects of the offending. 

7.	The maximum penalty for this offence is 15 years imprisonment. 

8.	The mitigating feature of the offending is that CF was willing to participate. There are however also aggravating factors, which include:
	
-	the age differential - Mr Baet was 30 at the time, CF was but 14 years old; and
-	the lack of protection used, exposing CF to sexually transmitted disease and/or unwanted pregnancy.

9.	The sentence start point I adopt is 4 years 6 months imprisonment.

D.	Personal factors

10.	Mr Baet pleaded guilty at the first available opportunity. That exhibits remorse and his acceptance of his wrong-doing. It also spared CF the need to give evidence. Accordingly I reduce the sentence start point by 33%.

11.	Mr Baet is now 30 years old, singe and employed at VUI.

12.	Mr Baet has no previous convictions.

13.	Mr Baet has performed a custom reconciliation ceremony involving a pig, a kava plant and VT17, 000 cash.
	
14.	For his personal factors Mr Baet’s sentence start point is further reduce by 4 months

E.	End Sentence

15.	The end sentence I impose is 2 years 8 months imprisonment. The sentence is back-dated  to 18 August 2021. As this is sexual offending, there is Court of Appeal authority to the effect that suspending the sentence would be inappropriate: PP v Gideon [2002] VUCA.
 	
16.	All details leading to identification of CF are permanently suppressed.

17.	Mr Baet has 14 days to appeal.

Dated at Luganville, this 16th day of September 2021
BY THE COURT

………………………………………….
Justice G.A. Andrée Wiltens