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Supreme Court of Vanuatu |
THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
(Criminal Jurisdiction)
CRIMINAL CASE No.18 of 2006
PUBLIC PROSECUTOR
-v-
JUANITA BAKON
CLAUDIE LINGTAMAT
JANE BOE
ANNE CHRISTIE BOE
RUTH HUNGAI
JOHNATAN DAVID
BILL BOB
DIMAS IATI
JACK NATO
SAM JOE
Coram: Chief Justice Vincent Lunabek
Counsel: Mrs. Kayleen Tavoa, Public Prosecutor
Mrs. Heather Leo, Counsel for the defendants
SENTENCE
This is the sentence of the following defendants; Juanita Bakom, Claudie Lingtamat; Jane Boe; Anne Christie Boe, Ruth Hungai; Johnathan David; Bill Bod; Dimas Iati; Jack Nato and Sam Joe.
Each and all defendants are charged and pleaded guilty to the offence of Intimidation contrary to section 37(d) of the Trade Disputes Act [CAP.162]. The defendant Juanita Bakom was charged and pleaded guilty to the offence of theft, contrary to section 125(a) of the Penal Code Act [CAP.135] and the defendants: Bill Bob, Dimas Iati and Sam Joe were charged and pleaded guilty to the offence of Receiving Property Dishonestly Obtained, contrary to section 132(1) of the Penal Code Act [CAP.135].
On 23 February 2006, the defendants held a peaceful picketing at Eric Wong Store. Others were not and were Union supporters of the Trade Industrial action organized by the Union. On 23 February 2006, the defendants entered the shop, stopped the workmen of the shop to work. They closed the Front and the back doors of Eric Wong Store. The store and its owner could not carry out this normal business activity of that day. There was then intimidation or annoyance, contrary to section 37(d) of the Trade Disputes Act [CAP.162]. Section 37(d) reads:
"watches or besets the house or other place where such person resides or works or carries on business or happens to be or the approach to such house or place; or"
The maximum penalty for such an offence is 3 years imprisonment or 100,000 Vatu fine.
On 23 February 2006, after the Front and back doors of the shop were closed by the defendants, defendant Juanita Bakon stole a 1 bottle of 2 litres of water and 4 cans of curry meat. She drank the water and ate the curry meat with Bill Bob, Dimas Iati and Sam Joe.
The maximum penalty for the offence of theft is 12 years imprisonment. The Penal Code Act does not provide a maximum penalty for the offence of receiving property dishonestly obtained. Reference is made to interpretation Act [CAP.132], section 36(3) deals with such a situation. The penalty shall be a fine of VT5,000 or an imprisonment or both.
The defendants closed the front and back doors of Eric Wong store from 9.00AM to 3.30PM o’clock in the afternoon on 23 February 2006. The following constitute the aggravating features:
The defendants entered the Eric Wong shop,
- stopped the employees of the shop to work;
- closed the front and back doors of the shop; and
- the shop could not carry out the normal business activity of its own from 9.00AM to 3.30PM.
Further while the doors were closed, an offence of theft occurred in addition to the loss of business activity of that day and the defendants helped themselves by sharing the food in the shop while inside the shop.
The offences are serious ones.
In mitigation, the defence says the defendants have a Trade Dispute. Their dispute is in process. None of the defendants have a previous conviction. The defendants say sorry; they apologize for what they have done and in particular Juanita Bakon for the offence of theft she committed in the shop. The following are the detail information in relation to each of the Defendants:-
(1) Juanita Bakon – She lives at Namburu area, Port Vila. She is a member of Catholic Church. She is a single mother with a child. She worked at Eric Wong store from 2001 to 2005. She was involved in religious activities. She took a bottle of 2 litres water and 4 cans of curry meat. She shared them with others. She is now working at Le Meridien Hotel.
(2) Claudie Lingtamat – She lives at Namburu area, Port Vila. She is married with a child of 5 months. She works at Eric Wong Store from 2004 until 2005 when she was terminated. She is a member of Catholic Church. She is now at home looking after her child.
(3) Jane Boe – She is a member of NTM church. She is married with 2 children. The first child is 1 year and half and the other is a baby of 10 months. She was working at Eric Wong store from 2004 to 2005 when she was terminated. She is now at home.
(4) Anne Christie Boe – She is married with 3 children. Her 3rd child was born on the last week before the submission for sentence in this case. On 23 February 2006, she was at Eric Wong store from 9.00AM to lunch time and she then left by 1.30PM.
(5) Ruth Hungai - She lives at Erakor Bridge area. She is a member of Presbyterian Church. She is single and has no child. She worked at Eric Wong store from 1999 to 2005. She is now at home.
(6) Jonathan David - Lives at Olympic area. He is a member of NTM Church. He is married with 2 children. The youngest is 10 months old. In 2000, he worked as a volunteer at FSP then left for a private company. He is not an ex-employee of Eric Wong store but he is a Union member and a supporter of ex-employees of Eric Wong store cause. He says he did not eat any food on 23 February 2006.
(7) Bill Bob - is a member of Presbyterian Church. He is a single. In 2005, he worked at Eric Wong store as a security officer. He said he ate the stolen food. He is now at home.
(8) Dimas Iati - He lives at Olympic area, Port Vila. He is a member of NTM. He is single. He has no work and stays at home. He said he ate the stolen food.
(9) Jack Nato – He lives at Ohlen Fresh Wing area, Port Vila. He is a member of SDA church. He is single. From 1998 to 1999 he worked at Trade Department. From 2001-2002 he worked at Youth Challenge International. From 2003-2004 he worked at FSP Youth Dropping center. In 2005 he worked at IT at Computer Resources Center. In 2006 he worked at Cultural Centre. He is now a paralegal community trainer.
(10) Sam Joe – He is unmarried with 2 children. On 23 February 2006, he was there from the morning to 3.30PM o’clock in the afternoon. At the time of submission. He was not in Court. Counsel entered guilty plea on his behalf and on behalf of others. He lives at Ohlen area, Port Vila. He is a member of NTM Church since the incident of 23 February 2006, he has no work.
In sentencing each and all of you, and consider the appropriate sentence for each of you, I take into account of the nature of the offence, the harm done to the complainant store and its owner and to the community at large. Each of you pleaded guilty on the fact that on 23 February 2006, you intimidated the employees of Eric Wong store. You close the front and back doors of the store while the employees were inside. This was from 9.00AM to 3.30PM o’clock in the afternoon. This type of offending must be denounced and you must be deterred from re-offending. The community needs to be protected from such offending. You may have reasons to picket. The manner of picketing should not encroach upon the personal rights of other members of the community in particular the employees who were present at the time of incident.
In this case some of the employees of Eric Wong store were locked in the shop from 9.00AM to 3.30PM on the 23 February 2006 without their prior knowledge and consent. The shop was closed for all day. One of you stole a bottle of 2 litres water and 4 cans of curry meat. You ate the food.
The court is informed that each of you has no previous convictions. You pleaded guilty at the first opportunity offered to you and you expressed remorse.
On balance, the aggravating features outweigh the mitigating ones. In sentencing you, I look at each of your circumstances individually.
- 5 months imprisonment for Intimation,
- 1 year imprisonment for Theft of 1 bottle of 2 litres water and 4 cans of curry meat. The sentence be served concurrently so the total sentence is of 1 year which is suspended for a period of 2 years.
• Mrs Claudie Lingtamat you are sentenced to
- 5 months imprisonment for Intimidation. Your sentence is suspended for a period of 2 years.
- 5 months imprisonment for Intimidation. Your sentence is suspended for a period of 2 years.
- 5 months imprisonment for Intimidation. Your sentence is suspended for a period of 2 years.
- 5 months imprisonment for Intimidation and 1 month imprisonment for receiving property dishonestly obtained. The sentence be served concurrently. You are sentenced to a total of 5 months imprisonment which is suspended for a period of 2 years.
- 5 months imprisonment for Intimidation and is suspended for a period of 2 years.
- 5 months imprisonment for Intimidation and it is suspended for a period of 2 years.
Each of the Defendants understands the meaning of a suspended imprisonment sentence which is explained to each and all of them.
Each Defendant is informed that he/she has 14 days to appeal.
DATED at Port –Vila this 11th day of September 2006
BY THE COURT
Vincent LUNABEK
Chief Justice
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URL: http://www.paclii.org/vu/cases/VUSC/2006/69.html