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Public Prosecutor v Yasul [2011] VUSC 86; CRC 30 of 2011 (9 June 2011)

IN THE SUPREME COURT OF THE REPUBLIC OF VANUATU
(Criminal Jurisdiction)
Criminal Case No. 30 / 2011
PUBLIC PROSECUTOR
V
JIMMY YASUL

Hearing: 9 June 2011
Before: Justice Robert Spear
Appearances: Leon Malantugun for the State
Eric Molbaleh for the Accused

SENTENCE

1. Jimmy Yasul you are for sentence having pleaded guilty to one count of unlawful sexual intercourse. There is no dispute in respect to the facts of this case.
   
2. When you were 19 years of age, you formed a relationship with a 13 year old girl. You paid attention to her and a relationship was formed which very quickly turned to one involving sexual intercourse. This was earlier this year. You had sexual intercourse with this 13 year old girl on a number of occasions. Accordingly, the charge to which you have pleaded guilty is a representative charge of that extensive offending.
   
3. Detailed submissions have been filed by both the prosecution and the defence. Additionally, I have received a pre-sentence report which is, indeed, complimentary of you, of your ambitions and your character. It would appear that, in all other respects, that you are a young man of good character and with promise but someone who has made terrible error of judgment here.
   
4. Be that as it may, this case is not just about you, it is also to do with the victim of this offending. Even though the sexual relationship was a wholly consensual one, the law provides for young girls to be protected from themselves. That is the purpose of this offence. It is to stop young girls being put in to a position where they may make the wrong choice and that may be because of the attention that they are shown by an older man. That is where I see this case.
   
5. It does not appear that there are any ongoing consequences for the victim and so, to some degree, the fall out here is quite minimal.
   
6. However, I am still required to impose a sentence that marks the seriousness of the offending, that hold you fully accountable for what you had done, and that denounces your conduct but still provides to some extent for your rehabilitation.
   
7. You have been in custody now awaiting sentence for 3 months and 3 days. That would have been a substantial penalty for you to incur.
   
8. What I propose to do is impose a sentence of 12 months and 3 days imprisonment less the 3 months and 3 days that you have been in custody leaving 9 months' imprisonment. Further, I suspend the full 9 months for a period of 2 years.
   
9. I reach the figure of 12 months imprisonment by way of a starting point in this case of 21 months less 3 months for your otherwise good personal characteristics and then a third of that for your guilty plea. This will enable you to walk out of the Court today and resume your life. So it will be a suspended term of imprisonment with supervision and with community work.
   
10. You are accordingly sentenced to 12 months 3 days imprisonment less the 3 months 3 days you have spent in custody already resulting in an end sentence of 9 months imprisonment. I suspend that for a period of 2 years. It means that if you are convicted of another offence over the next 2 years then that 9 months term of imprisonment will be activated and you will serve that sentence. You will also carry out 150 hours community work., You are placed under supervision on a term of 12 months with the special conditions that you undertake the Niufala Rod programme and that you undertake spiritual counselling with your minister as arranged by your probation officer.
    
11. So what I have done is simply recognise that I think that you have, to a large extent, been punished already by the 3 months you have had to spend in prison. You know that you will go back to prison is you commit another offence but this enables you to walk out of Court today and restart your life.
    
12. You are also entitled to appeal this sentence within 14 days if you do not accept it.
    

BY THE COURT