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Public Prosecutor v Nasamal [2000] VUSC 60; Criminal Case No 007 of 2000 (25 October 2000)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU

Criminal Jurisdiction
CRIMINAL CASE No. 07 OF 2000

PUBLIC PROSECUTOR

-v-

JOSEPH NASAMAL

Coram: Justice Vincent Lunabek, Acting Chief Justice

Kayleen Tavoa for the Public Prosecutor
Hillary Toa for the Defendant

SENTENCE

This is the sentence of the defendant Joseph Nasamal. The defendant was found guilty of the offence of rape, contrary to Section 91 of the Penal Code Act [CAP].

Maximum sentence of rape is life imprisonment.

Rape is a very serious offence.

The Court has had the opportunity of considering the mitigation put on your behalf.

I am informed by the defence counsel that the defendant is 18 years of age, unemployed. The defendant did not plan to go inside the house to rape the victim girl. He went in the house to see a friend who lives there. The idea of having sex with the complainant come to the defendant�s mind when he saw her in the room.

I was informed the defendanendant was abused by his employer in the past. As a result of these abuses he was on various occasions disturbed, lost his self esteem/self respect.

He was shameful, could not tell his parents about what happened to him but he talked to few friends.

He was terribly affected and committed the offence of unlawful entry and theft in the office of his former employer. He was charged and convicted of that offence on July 2000.

The appropriate sentence to be imposed is a custodial sentence of 3 to 5 years taking into account of the mental and psychological conditions of the defendant and the fact that he was a very young man at the time of the commission of the offence.

The sentence in this case is 3 years. The defendant had already spent 2 months in prison. This will be discounted.

The defendant Joseph Nasamal is sentenced to 2 years and 10 months imprisonment.

DATED AT PORT-VILA, this 25^th DAY of OCTOBER, 2000

BY THE COURT

Vincent LUNABEK J
Acting Chief Justice