Home | Databases | WorldLII | Search | Feedback Magistrates Court of Vanuatu

  Download original PDF

Public Prosecutor v Limo [2024] VUMC 38; Criminal Case 2270 of 2024 (11 October 2024)

PUBLIC PROSECUTOR

V

DOMINIQUE BULE LIMO

Date of Sentence: 11^th October, 2024.

Before: Magistrate FSam

In Attendance: Ms Siri_R- OPP

Ms. Dehinavanua_C – Defence & Defendant.

SENTENCE

Background/Introduction

1. Mr. Dominique Bule Limo you are charged with 2 counts of Domestic Violence contrary to sections and 4(1) (b) and 4(1) (e) of the Family Protection Act of 2008.
   
2. You pled guilty to both counts, and admitted the facts as presented by prosecution.
   
3. Consequently, you are found guilty of both counts of domestic violence.
   

Facts

4. The facts in relation to your offending is that sometimes in the year 2020, while you were with the complainants (grandfather now deceased) at home, Beverly Hills area, you would demand money from them, and when they refused, you would harass and intimidate them by attempting to assault them. On one occasion you used two iron rods and attempted to assault your grandmother with it. You even threatened to burn down the complainants’ house a few times. and your actions constantly left the complainants in fear for their safety. You would also swear at your grandparents, with offensive words such as ‘tipskin’ and ‘fuck you’.
   

Starting Point.

5. I consider the aggravating factors and mitigating factors to your offending to decide on an appropriate starting point for your sentence. The maximum penalty for the offence of domestic violence is an imprisonment term of 5 years, or a fine of VT 100,000 or both fine and prison term. Such penalty reflects the seriousness of your offending.
   
6. The accepted aggravating factors to your offending are:
   
   • ➢ Your offending happened within the confinement of the complainants’ own home where they were supposed to feel safe and protected, therefore you actions resulted in a breach of trust between yourself and the complainants.
     
   • ➢ The complainants were vulnerable to your offending against them.
     
   • ➢ Your offending was unprovoked.
     
   • ➢ Your offending was repeated on many occasions, resulting in the complainants often living in fear in their own home.
     
7. There are no mitigating factors to your offending.
   
8. In deciding an appropriate sentence for you, Mr. Limo, I must consider the relevant factors and important case authorities cited to guide me.
   
9. I set a global starting point of 18 months imprisonment for both charges given the related crimes
   

Guilty Pleas

10. You entered a guilty plea at the earliest available opportunity, from which I award a one third deduction from the starting point.
    
11. For factors in mitigation and personal to you, 4 months is deducted.
    
12. For the undue delay on part of prosecution in instituting this matter, I deduct further 2 months.
    

End Sentence

13. Your end sentence therefore is 6 months prison term for each count of domestic violence against you, to be served concurrently.
    

Suspension & Orders

14. I take note of your personal circumstances and necessary factors, and I allow suspension of your sentence for a period of 1 year.
    
15. You will not serve a prison term sentence, however, in any event, you commit any further offence within the period of your suspended sentence, the suspension will be uplifted and you will have to be sent to prison to serve your sentence.
    
16. Therefore, you are ordered to be of good behaviour throughout the suspended period of your sentence.
    

Reason for Sentence & Right of Appeal

1. Your sentence is given as a form of punishment for your wrong actions, as well as to deter you and likeminded offenders from committing similar offences.
   
2. You have 14 days to appeal your sentence if you are not happy with it, and in the event, no appeal is lodged, you sentence should come into immediate effect thereafter.
   

DATED at Port Vila, this 11^th October, 2024.

BY THE COURT

...........................

FSam

Magistrate