Coram: Before Justice Oliver A. Saksak
Miss Wendy Wanemay � Clerk
Inspector Wilson D. Garae for the Public Prosecutor
Mr Kiel Loughman for the Defendant
SENTENCE
The defendant is dischargeh unlawful sexual
intercourse contrary to section 97(n 97(2) of the Penal Code Act [CAP.135] (the
Act). He pleads guilty to the charge.
The defendant admits having unl sexual intercourse
with Merilyn Freddy on or about 12th January 1994. Th4. The victim was
born on 3rd September 1979. She was about 13 years old at the
time of the commission of the office. Her certificate of birth confirms
that. The incident took place in the victim�s own home when her parents were
not at home. They were discovered by the
victim�s grandfather. The defendant
was then a single boy. He has now got married and they have a child of 3
years old
with a woman called Hagar. She is now 6 months pregnant with a
second child. The defendant is a subsistence farmer, a non-drinker
and a
soccer player. He has no past criminal record. After the incident a meeting
was held in which the defendant paid
a fine of VT1,000 for the offence he
committed, a further VT1,000 for trespass and further VT1,200 as
compensation.
It is submitted on the defendant�s behalf that this case
falls within section 15(b) of the Act and therefore that it is time-barred.
Section 15 reads:-
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�No prosecution m commenced against any person for
any criminal offence upon the expiry of the followillowing periods after
the
commission of such offence�
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in n>in the case of offences by imprisonment for more than 3 months and
not more than 10 years � 5 ye/span
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i case of offe offences punishable by imprisonment for 3 months or
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Section 97(2) reads:-
�No person shall have sexual intercourse with any girl
under the age of 15 yearsof or over the age of 13 ye13 years.
Penalty: Imprisonment for 5 years.�
Section 15 of the Act places a discretion on the
prosecution. Here the prosecutions have exercised that dison in view of
the sere seriousness of the offence.
Considering section 97(2) in the light of section 15(b)
of the Act and the circumstances of the defendant especiallt he has
paid a fine fine of VT3,200, that he is of clean past record, that he is now
married and maintaining a family who have
forgotten all about the case after
6 years 10 months, the most appropriate I can impose is a conviction and a
discharge
under section 43(4) of the Act.
I accordingly convict the defendant but order that he be
discharged without sentence.
DATED at Luganville this 14th day of November,
2000.
BY THE COURT
OLIVER A. SAKSAK
Judge
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