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Public Prosecutor v Ulas [2021] VUSC 205; Criminal Case 1787 of 2020 (24 August 2021)

IN THE SUPREME COURT OF Criminal

THE REPUBLIC OF VANUATU Case No. 20/1787 SC/CRML

(Criminal Jurisdiction)

BETWEEN: Public Prosecutor

AND: John Ulas

Defendant

Date: 24 August 2021

By: Justice G.A. Andrée Wiltens

Counsel: Ms G. Kanegai for Public Prosecutor

Mr L. Moli for the Defendant

Sentence

1. Mr Ulas is 48 years old lives with his wife in the Malapoa area of Port Vila. They have 6 children together as well as a number of grandchildren.
   
2. On 12 January 2020, Mr Ulas was home at about 7pm, sleeping. His wife was walking around the house looking for an extension cord. This disturbed Mr Ulas who said: “quit making so much noise or else I will break your cunt, cunt-face”. He then moved towards his wife in order to assault her, but she quickly apologised and walked out of the house. [Charge 2]
   
3. Later the same evening, the 14 year-old daughter Lea Ulas saw her mother sitting outside, and she went to join her. Mr Ulas noticed this and said to Lea: “Today you will pee your pants”, and he then chased after her. Lea sensibly ran to the house of the local Chief, and hid behind the Chief’s wife. Mr Ulas walked up to Lea, pulled her by her hair and banged her head on the ground. [Charge 3]
   
4. On 25 December 2020, Mr Ulas returned home in the evening drunk. He then instructed his wife to fetch some water so he could take a shower. She did so, but when she returned with water, he said to her: “take that bucket of water and fuck it. Go see your sister Lucian and you both fuck yourselves on the road. Fuck off, go see your sister. Fuck off my face or else I will make you sit on this knife. Fuck off my face”. [Charge 1]
   
5. Accordingly, Mr Ulas has been charged with the 3 offences of domestic violence.
   
6. It appears Mr Ulas was arrested in respect of these matters on 28 December 2020. He was released on bail on 15 February 2021, but that bail was revoked on 11 May 2021. He was committed to the Supreme Court on that same date, and entered his pleas to the charges above-described on 20 July 2021. He was further remanded in custody until 24 August 2021 for sentencing to occur. By my calculation he has been held in custody in respect of these charges for 5 months, the equivalent of a 10-month prison sentence if he were granted parole when that was first available.
   
7. The maximum sentence for these offences is 5 years imprisonment. However, what has occurred in this case is very much at the lower end of criminal culpability. He has used unacceptably offensive and aggressive language to his wife, expressed due to his anger and frustration. He has chased after his young daughter and assaulted her, but not in a particularly violent manner – she does not report any injuries.
   
8. There are clearly aggravating factors to the repeat offending, which occurred at or near the family home. In each instance there is a breach of trust. It is also aggravating that he should chase after, apprehend and then assault a young 14-years old child.
   
9. On the other hand, the family has apparently re-united and his wife has forgiven Mr Ulas. Mr Ulas claims to be remorseful and he has stated that he has ceased the consumption of alcohol which caused him to behave in this manner. His Chief has indicated he is willing to assist with rehabilitation. I take into account also that Mr Ulas pleaded guilty at the first opportunity, has no previous convictions, and the significant time already spent in custody.
   
10. Accordingly, in my view, a concurrent sentence of 12 months supervision is appropriate in respect of all 3 charges. I impose the added condition that Mr Ulas attend and successfully complete the Niu Rod programme.
    
11. Mr Ulas has 14 days to appeal the sentence.
    

Dated at Port Vila this 24th day of August 2021

BY THE COURT

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

Justice G.A. Andrée Wiltens