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Public Prosecutor v Manses [2005] VUSC 151; CRC 039 2005 (16 December 2005)

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

Criminal Case No. 9 of 2005

PUBLIC PROSECUTOR

-V-

BOB MANSES

Coram: Justice Hamlison Bulu

Counsels: Mr. Alain Obed for the Public Prosecutor
Mr. Peter Bartels for the Defendant

Date of Hearing: 28 September 2005
Date of Judgment: 16 December 2005

SENTENCING

INTRODUCTION

1. On 14^th April 2005 the defendant entered the office of Peace Corps, Port Vila, threatened to cut the victim with a knife he was holding if she did not take him to another employee whom he alleged had made false statements against him. The Police were called and apprehended the defendant.
   
2. On 5^th July 2005 the defendant pleaded guilty to –
   
   • One count of threat to kill contrary to section 115 of the Penal Code Act [CAP. 135]; and
     
   • One count of unlawful entry contrary to section 143 of the Penal Code Act [CAP. 135].
     

SUBMISSION ON SENTENCING BY PROSECUTION

3. Prosecutions submitted that section 115 of the Penal Code is the relevant law.
   
4. Further that the Defendant pleaded guilty at the first opportunity. It was also submitted that a custodial sentence should be imposed to –
   
   • (a) mark the gravity of the offence;
   • (b) punish the defendant; and
   • (c) protect the community.
     
5. A third of the penalty should be deducted for the guilty plea. The guilty plea has saved prosecution and courts time and is also an indication of contrition and remorse. The Defendant had admitted the offence to the police when interviewed and had pleaded guilty.
   
6. The defendant has no previous convictions.
   
7. Prosecutions submitted that a term of 24 months is reasonable in the circumstances of this case, but that the sentence should be suspended.
   

SUBMISSION ON SENTENCE BY DEFENDANT

8. Defence counsel on behalf of the Defendant agreed generally with the facts as put to the Court by the Prosecution.
   
9. The Defendant is 46 years old and is a teacher. This matter arose out of a private matter between the Defendant and another employee of the Peace Corps Office.
   
10. The Defendant is sorry for his actions. He has tried to resolve matter inline with section 119 of the Criminal Procedure Code, but was turned down. Such refusal is not in the spirit of section 119 and the traditional way of making peace between disputing parties. As such he is deprived of the benefit of section 119.
    
11. The early plea is an indication of saying sorry for what had happened. A conviction in this Court will have direct consequences for the Defendant’s future. Counsel submits that the Defendant is placed on a bond so that his benefit (as a teacher) to the community continues.
    
12. Defendant has good teaching record and no prior convictions.
    
13. His attempt at saying sorry in the customary way with the victim was refused. However, his attempt ought to be taken into account as it indicates a genuineness on his part to make peace with the victim.
    

LAW

14. Section 115 of the Penal Code Act [CAP. 135]
    

“THREATS TO KILL PERSON

115. No person shall, knowing the contents thereof, directly or indirectly, cause any person to receive any oral or written threats to kill any person.

Penalty: Imprisonment for 15 years.”

15. Section 143 of the Penal Code Act [CAP. 135]
    

“UNLAWFULLY ENTERING DWELLING HOUSE

143. (1) No person shall enter or be in any house, building, tent, vessel or other place with intent to commit an offence therein.
     

Penalty: Imprisonment for 20 years where the place is used for human habitation.

Imprisonment for 10 years where the place is not used for human inhabitation.

(2) Subsection (1) shall apply whether or not the offender entered the premises with lawful authority or whether or not he broke any part of the premises in order to enter them and whether or not he obtained entrance by means of any threat or article, or by collusion with any person in the premises.”

DISCUSSIONS

16. The offences committed are serious offences. Threats to kill a person carries a maximum imprisonment term of 15 years. Unlawfully entering a building where it is not used for human habitation carries a maximum term of 10 years imprisonment.
    
17. Mr. Manses, it may be a private dispute, however your conduct at that time when you entered the Office of Peace Corps were unlawful. They were criminal in nature.
    
18. Both the Prosecutions and your defence counsel have not been able to provide to this Court any authority to assist the Court reach a conclusion on the appropriate sentence in your case. Submissions have been made on what each counsel would like to believe is the appropriate sentence. That makes the work of this Court much more difficult to reach a conclusion as to what would be the appropriate sentence in the circumstances of your case.
    
19. The aggravating features in your case are:-
    
    • (a) you held a knife; and
      
    • (b) you intended to cut the victim with the knife; and
      
    • (c) you threatened the victim.
      
20. The mitigating features in your case are:-
    
    • (a) you admitted to making the threats to the police;
      
    • (b) you pleaded guilty at the first opportunity;
      
    • (c) you have no previous record;
      
    • (d) you have a good record as a teacher;
      
    • (e) you have attempted reconciliation in line with custom but have been refused.
      
21. What you did was very serious. You had a knife in your hand and you threatened the victim to take you to another employee in that office. That if she did not take you to him you would cut her with the knife.
    
22. What would be the appropriate sentence in the circumstances of your case. No authorities have been provided to this Court to be able to make comparisons either under section 115 or section 148 of the Penal Code Act [CAP. 135] to arrive at a conclusion that is appropriate in the circumstances of your case.
    
23. In my view the circumstances of this case is not near to the top of the scale nor in the centre but somewhere between the bottom and the centre of the lower half of the scale.
    
24. In my view a custodial penalty is the appropriate sentence in the circumstances of your case.
    
25. In relation to count 1, I sentence you to three years imprisonment.
    
26. In relation to count 2, I sentence you to two years imprisonment.
    
27. The sentences are to be served concurrently. You are to serve a term of 3 years. One third is taken off for the guilty plea. 3 months is deducted for the other mitigating factors. You will serve a total of 21 months. Further in consideration of the mitigating factors, the sentence is suspended. You are to be on a good behaviour bond for 2 years from the date of this decision. During that period, you must not commit the same or any other offence. If you do you will be arrested and placed in custody to serve the suspended imprisonment term.
    

DATED at Port Vila, this 16^th day of December, 2005.

H. BULU
Judge.