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Public Prosecutor v Rarua [2023] VUSC 95; Criminal Case 1945 of 2022 (12 June 2023)

SENTENCE

1. You were jointly charged with Tommy Moruk and William Kai. You pleaded guilty to one count of unlawful entry and one count of theft.
   
2. You were not sentenced together as you absconded. William Kai was sentenced on 21 December 2022 by himself as Tommy Moruk also absconded but was later sentenced on 24 January 2023. The facts are the same.
   
3. The starting point of your sentence is four years imprisonment on the lead offence being unlawful entry of a dweling house used for human habitation.
   
4. For your guilty plea the sentence start point is discounted by one third.
   
5. As a first-time offender your sentence start point is further reduced by 12 months.
   
6. A further deduction of 6 months is allowed for the 4 years delay by the prosecution in prosecuting the matter.
   
7. The end sentence is 12 months imprisonment for unlawful entry and 5 months imprisonment for theft to be served concurrently.
   
8. You breached your bail conditions by absconding and a warrant was issued for your arrest. Your sentence will not be suspended. A custodial sentence is warranted to serve as a deterrent to your future offending. You must present yourself to the Centre Manager of the Correctional Centre in Vila by no later than 26 June 2023 unless you elect to begin serving your sentence immediately.
   
9. Should you fail to comply the Correctional Centre Manager may apply for a warrant for your arrest.
   
10. You have 14 days to appeal if you are not satisfied with the decision.
    

DATED at Port Vila this 12^th day of June, 2023

BY THE COURT

...........................
D. Aru
Judge