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Public Prosecutor v Pakoa [1998] VUSC 12; CRC 055 1997 (7 May 1998)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU

CRIMINAL JURISDICTION

CR No. 55 of 1997

PUBLIC PROSECUTOR

v

MICHEL PAKOA
RAYMOND KAPARA
JOHN DAVID

Public Prosecutor for the State
Public Solicitor for the Defendants.

SENTENCE

The three accuse Michel Pakoa, Raymond Kapara and John David all pleaded guilty and found guilty under Section 143 and Section 125 (a) of the Penal Code: that between the 29^th September 1997 and the 3^rd October 1997, they all entered a yacht, Guilian, and stole property therein.

LAW

Section 143 of the Penal Code.

Under Section 143 of the Penal Code, if any person enter a vessel and commit a crime therein then he/she is guilty of the offence in which the maximum penalty the Court can impose is 10 years.

And under Section 125 (a), if any person steal any property he/she shall be imprisoned for a maximum period of 12 years.

I have stated earlier in the case No. 61/1997 to 66/1997 that break and enter and stealing offence is a prevalent offence in this jurisdiction which has a small population of just over 162, 000 people. The statistic shows that in 1996, 90 cases were registered and in 1997, 64. In my view with these numbers, break and enter and stealing offence becomes one of the prevalent indictable offence in this jurisdiction. If it is, then the Court must play one of it’s role in protecting the society. I say this is because, any person can fall victim of a break and enter to his/her house or other places as most of our houses or places are vulnerable to intruders if not properly secured.

As in this case the yatch was anchored at Fatumaru Bay by the owner while he was out oversea, the owner left it to Philip to take care of his yatch. The three accused, about midnight, paddled to the yatch by canoe and at the yatch they cut the lock of the door and stole property therein. Both counsels informed the court that all item were returned except beverages stolen which were consumed by the three accuse.

Mitigating Factors

All the accused pleaded guilty to the charges as responsible citizen and all the property stolen were all returned except beverages. I have also considered in mitigation your individual history and character as stated by your counsel. Further you each have no prior convictions.

Therefore, in your case I consider to impose a suspended sentence as the appropriate penalty in this case only against the three of you.

I therefore sentence all three of you to 12 months each in prison for the offences under Section 143 and 6 months each for the offence under section 125 (a) of the Penal Code.

Under Section 1(a) of the Suspension of Sentences Act CAP 67 I suspend each of your sentences on the condition that within the period of two years you each shall not commit any offence.

DATED AT PORT VILA this 7^th Day of May 1998.

R. MARUM
JUDGE

Ms. Kayleen TAVOA for the Public Prosecutor.
Mr. Steven Joel for the Public Solicitor.