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Public Prosecutor v Tunat [2009] VUSC 32; Criminal Case 98 of 2008 (15 May 2009)

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

Criminal Case No. 98 of 2008

PUBLIC PROSECUTOR

V

PAUL TUNAT
PROSPER POINTY
BEN JACK

Coram: Justice N. R. DAWSON

Date of Hearing: 15th May, 2009

Date of Decision: 15th May, 2009

Counsels: Mrs. V. Laumae for Public Prosecutor
Mr. C. Bennett for Accuseds

SENTENCE

1. Mr. Pointy you appear in Court this afternoon for sentencing on the charge of Receiving. On 30th September 2008 the victim was at home watching television and someone entered his property and took away a number of items and money. On 3rd October, 2008 you entered the Seven Eleven Store in Port Vila and attempted to exchange a 10,000 Korean Won banknote. The shopkeeper asked you where you got the note from and you said you had found it at the Sea Front. In fact you have been given the note by Paul Tunat.
   
2. When you received the note from Mr. Tunat you had your suspicions that it had been unlawfully obtained. The shopkeeper believed the note was stolen and contacted the police who arrived at the shop and found you outside. When you saw the police you ran to another location and attempted to hide but you were apprehended by the police and taken into custody.
   
3. I have heard submissions from your counsel and also I have received and read the probation report that is been provided to the Court this afternoon. In sentencing you Mr. Pointy it is necessary to hold you accountable for your behaviour. You chose to make the decisions that you did. You accepted that bank note with a very strong suspicion that it was illegally obtained and you should have known better and had nothing to do with it. You are responsible for your actions you cannot blame other people. You chose to do what you did and you are held accountable accordingly.
   
4. In my view there are no aggravating features to your offending. In mitigation you are 22 years of age and I note that you have a partner and a daughter that the probation report indicates you care a lot about. You also entered a guilty plea at an early stage and I do note that a Warrant to Arrest was required to issue from the Court to get you to Court and have these matters dealt with. Another mitigating factor is that as a result of your actions the victim did not suffer any loss. Your counsel has indicated that you are remorseful for what has happened and that you have learnt your lesson and you will not be stupid in this way again. I understand that after your arrest you spend 8 days in prison and that has had a salutary effect upon your attitude towards offending in future. You have no previous convictions so you have been a person of good character.
   
5. Mr. Pointy, Receiving is a serious offence and often leads to imprisonment. In this case I am prepared to accept that your offending is at the lower end of the scale and given the fact that you have no previous convictions on your record I am not going to imprison you today. You need to know that if you ever offended in a dishonest way again and you came back before the Court the it would be very likely that a sentence of imprisonment would result. Your future is in your hands.
   
6. In my view it is appropriate to impose a sentence of community work upon you to impress upon you the need not to offend in this way. You are therefore sentenced to 50 hours of community work. I am also sentencing you to supervision according to section 58 (f) (1)(a) of the Penal Code Amended Act 14 of 2007 and that term of supervision imposed is for 1 year.
   
7. You have the right to appeal this sentence. For any appeal you must lodge a notice of appeal within 14 days of today’s date.
   

Dated at Port Vila, this 15th day of May, 2009

BY THE COURT

N. R. DAWSON
Judge