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Public Prosecutor v Vusi [2020] VUSC 210; Criminal Case 1690 of 2020 (20 July 2020)

IN THE SUPREME COURT OF Criminal

THE REPUBLIC OF VANUATU Case No. 20/1690 SC/CRML

(Criminal Jurisdiction)

BETWEEN: Public Prosecutor

AND: Simon Vusi

Defendant

Date: 20 July 2020

By: Justice G.A. Andrée Wiltens

Counsel: Mr L. Young for the Public Prosecutor

Mr R. Willie for the Defendant

SENTENCE

1. Mr Vusi pleaded guilty at the first opportunity to a charge of threat to kill.
   
2. The summary of facts made it plain that he had lost his self-control due to the excessive consumption of alcohol. While in that state he demanded a cigarette from a passerby. When his request was declined he threatened to cut the neck of the passerby. It is accepted that he had no means to carry out the threat. It is further obvious that the complainant was concerned about Mr Vusi’s behavior because he had his 4-year old daughter with him at the time – rather than actually being fearful of Mr Vusi.
   
3. Mr Vusi is 41 years old, with no previous convictions. He has apologised for his act, and is remorseful.
   
4. He co-operated with the police and pleaded promptly.
   
5. In the circumstances it seemed an unnecessary step to call for reports and submissions. The prosecution accepted community service was a sufficient measure to impose.
   
6. Accordingly, I convicted Mr Vusi as charged and ordered him to complete 100 hours of community service.
   

DATED at Luganville this 20th day of July 2020

BY THE COURT

............................................................

Justice G.A. Andrée Wiltens