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Public Prosecutor v Sam [2001] VUSC 7; Criminal Case No 005 of 2001 (16 February 2001)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
HELD AT PORT VILA

Criminal Jurisdiction
Criminal Case No. 05 of 2001

PUBLIC PROSECUTOR

-vs-

KOILO SAM
DERECK RAWCLIFF

Prosecution: T. Gardner
Defence: K. Loughman

SENTENCE

I treat each defendant and each charge separately, although your acts were part and parcel of the one incident.

There are some common factors and some differences. Koilo Sam you have pleaded guilty to rape. Dereck Rawcliff you have pleaded guilty to aiding and abetting rape.

It is to your credit that you both plead guilty. It is also to your credit that you admitted the matter to the police. This is greatly to your credit and I have reduced the sentence a lot because of this.

It is to your credit, Rawcliff, you have no previous convictions.

Koilo Sam, you have previous convictions, all but one are a long time ago, and for different offences; I treat you as though you had no previous convictions.

You were both there as security officers. Your job was to help people and keep peace and order. At parties people get drunk and one of the jobs is to make sure people are safe. You didn�t do that.

You both also drank some alcohol. What is the point of security officers if they are drinking. There is no suggestion you were drunk or confused because of drink.

There was a woman who needed help. She was at risk because of her state. As security officers you should have helped her. In fact you didn�t. You did the opposite.

One or both of you gave people the impression she was safe and had gone home. She hadn�t. Rawcliff took her nearby to somewhere private. Koilo Sam, you went and sexually assaulted and raped her there.

The delay in the case up to May 2000 was not of your making. After that, it is unclear. I do not consider the delay sufficient to alter the sentence.

Rawcliff I am satisfied your plea is properly entered. You put this woman in a place where she could be raped.

I have sympathy with your mother and all your family. But you set this up.

In my judgment the correct sentence is one of three years imprisonment. I have considered suspension, but it is in appropriate.

Sam This was a deliberate act. You knew a woman was unconscious or nearly unconscious. You went and sexually interfered with her. She had external and internal injuries. You raped her. You then took her to her house and left her there injured.

If this was a conviction after a not guilty plea I would consider 7-10 years prison. You have pleaded guilty and in all the circumstances I sentence you to five years imprisonment.

Both informed of Rights of Appeal.

DATED at Port Vila this 16^th February 2001

BY THE COURT

R. J. COVENTRY
Judge