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Public Prosecutor v Vira [2005] VUSC 138; CRC 068 2005 (8 December 2005)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
(Criminal Jurisdiction)

SC No. 68 of 2005

PUBLIC PROSECUTOR

VS.

PASCAL VIRA

Mr Justice Oliver A. Saksak
Mrs Anita Vinabit – Clerk

Mr Lent Tevi for the Public Prosecutor
Mr Jacob Kausiama for the Accused.

SENTENCE

Pascal Vira, you entered a plea of “Guilty” yesterday 7^th December 2005 to one count of Indecent Assault contrary to section 98(1) of the Penal Code Act [CAP. 135]. The maximum penalty for this offence is 10 years imprisonment. On the basis of your plea the court entered a conviction against you and deferred sentence to today. (8^th December)

The little girl with whom you committed this offence is only a child of 7 years old. You admitted indecently dealing with the child by firstly foundling her private part with your finger and secondly you attempted having sexual intercourse with her by rubbing your private part against hers to the point of reaching ejaculation. Luckily no serious physical injury occurred apart from what the medical report indicated.

You are 23 years old. You are seven times more mature than the child. You entered the child’s room at night while she was sleeping with her sister. You removed her clothes and indecently dealt with her. The court considers that these are the aggravating factors that makes your case a serious one.

According to the sentencing principles laid down by the Court of Appeal in the cases of Public Prosecutor v. Atis Willie and Public Prosecutor v. Keven Gideon the Court has no other option but to impose a prison sentence.

The only mitigating factors submitted on your behalf by Mr Kausiama are that you pleaded guilty at the earliest opportunity as a sign of remorse and contrition, and that you are a first-offender. The court accepts those submissions and a credit of 1/3 reduction will be allowed.

In the circumstances of the case the court agrees with Mr Tevi that the appropriate sentence to impose on you is a period of 3 years imprisonment. However one-third is removed from the 3 years which is 36 months less 4 months leaving a balance of 32 months which is 2 years and 8 months.

I therefore sentence you to a total of 2 years and 8 months in prison which shall commence on 5^th December 2005, the date you were arrested and detained in custody.

DATED at Luganville this 8^th day of December, 2005.

BY THE COURT

OLIVER A. SAKSAK

Judge