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Public Prosecutor v Baet [2021] VUSC 236; Criminal Case 2821 of 2021 (16 September 2021)

IN THE SUPREME COURT OF Criminal

THE REPUBLIC OF VANUATU Case No. 21/2821 SC/CRML

(Criminal Jurisdiction)

BETWEEN: Public Prosecutor

AND: Clen Baet

Defendant

Date: 16^th September 2021

By: Justice G.A. Andrée Wiltens

Counsel: Mr D. Boe for the Public Prosecutor

Mr R. Willie for the Defendant

SENTENCE

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1. Introduction
   

1. Mr Baet pleaded guilty to a charge of unlawful sexual intercourse with a young person aged between 13 and 15 years.
   

2. Facts
   

2. AL was born on 9 July 2006.
   
3. Mr Baet and AL were in a boyfriend/girlfriend relationship in early 2021, when Mr Baet was only 19 years old. In the course of the relationship they were engaging in sexual intercourse on occasions.
   
4. In July 2021, AL’s father chanced upon them having sex, which he then reported to the police.
   

100. Sentence Start Point
     

5. The sentence start point is to be assessed by having regard to the maximum sentence available and factoring in the aggravating and mitigating aspects of the offending.
   
6. The maximum penalty for this offending is 15 years imprisonment.
   
7. There are no aggravating factors to this offending. The mitigating aspect is that the sexual intercourse was consensual
   
8. The sentence start point I adopt is 3 years imprisonment.
   

4. Personal factors
   

9. Mr Baet pleaded guilty promptly. That shows remorse and acceptance of his wrong-doing. It also spared AL the need to give evidence. Accordingly the sentence start point is reduced by 33%.
   
10. Mr Baet is now 20 years old, single. He is unemployed and reliant on his mother for financial support.
    
11. Mr Baet has no previous convictions.
    
12. He claims to be remorseful although acknowledges that both he and AL knew what they were doing was unlawful.
    
13. There has been a custom reconciliation ceremony involving VT 6,000 cash, which was accepted by AL and her relatives.

14. For his personal factors, Mr Baet’s sentence start point is further reduced by 15 months which acknowledges Mr Baet’s young age and immaturity.
    

5. End Sentence
   

15. The end sentence I impose is 9 months imprisonment. The sentence start-dated is back dated to 18 August 2021. As this offending is of a sexual nature, suspension of the sentence is inappropriate: PP v. Gideon [2002] VUCA 7.

16. All details leading to identification of AL are permanently suppressed.
    
17. Mr Baet has 14 days to appeal.
    

Dated at Luganville, this 16^th day of September 2021

BY THE COURT

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Justice G.A. Andrée Wiltens