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Public Prosecutor v Boedovo [2025] VUSC 151; Criminal Case 51 of 2023 (28 April 2025)

SENTENCE

1. Ericket Boedovo, you were found guilty after trial of two offences of having sexual intercourse without consent and one offence of committing an act of domestic violence. Each of these three offences arose from the same set of circumstances. One of the offences of sexual intercourse without consent involved oral penetration and the second vaginal penetration. The circumstances of the offences are set out in the judgment dates 26 March 2025.
2. On New Year's Eve and into New Year's day, following time spent celebration the festive season, you had sexual intercourse with SF without her consent. You had her take your penis into her mouth and after that had sexual intercourse with her by penetrating her vagina with your penis.
3. To determine the correct sentence to be imposed on you, the Court first looks at the circumstances of the offences, and what makes those offences stand out as more serious than others in the same category. It considers the maximum prescribed penalty for the offences, which in this case is life imprisonment for the sexual intercourse without consent.
4. You took advantage of an inexperienced young girl who was only in Port Vila visiting over the end of year holidays. She was in a place where she should have expected to be safe, that is at home with family. You subjected her to sexual practices that were perhaps unfamilar to her as a young unmarried girl.
5. Taking the above into consideration the Court arrives at a starting point of eight years imprisonment for the two offences of sexual intercourse without consent. That reflects a starting point of five years for a single offence (as approved by the Court of Appeal in PP v Scott applying PP v Ali August ) aggravated by the second offence. No separate penalty will be imposed for the offence of domestic violence, as it adds nothing more to the original two offence and indeed is no more than a necessary component of the offences of sexual intercourse without consent.
6. There is no discount available for a guilty plea nor for any customary reconciliation. There is no need, however, for any increase in the terms reflecting previous bad character. There is nothing which mitigates these offences and nothing in your personal circumstances which merits any reduction from the starting point.
7. You have been in custody since your arrest and your are entitled to credit for that time spent in custody, which will be reflected in the deemed start date of this sentence of imprisonment. You sentence is deemed to have commenced on the date you were first taken into custody for these offences. That date is 4^th January 2023.
8. The sentence imposed today is that of eight years imprisonment for each offences of having sexual intercourse without consent each sentence to run concurrently. No separate penalty is imposed for the domestic violence offence and your sentence of eight years imprisonment is deemed to have commenced on 4^th January 2023. There are no exceptional circumstances here that would justify the suspension of this sentence.
9. You have the right to appeal against this decision. If you choose to do that you must begin that process within 14 days from today.
   

DATED at Port Vila this 28^th day of April 2025

BY THE COURT

Hon. EP Goldsbrough

Judge