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Hedmon v Republic [1977] NRSC 8; [1969-1982] NLR (D) 60 (29 September 1977)

[1969-1982] NLR (D) 60

IN THE SUPREME COURT OF VANUATU

Criminal Appeal No. 4 of 1977

DAGAUWE HEDMON

v

THE REPUBLIC

29th September, 1977.

Sentence - convictions on two counts - both offences part of the same incident - sentences of imprisonment should run concurrently.

Appeal against the sentences of 6 weeks' imprisonment and 2 weeks' imprisonment respectively imposed on convictions for offensive behaviour and common assault.
The magistrate ordered that the sentences should be served consecutively.

Held: As both the offences were part of the same incident, the sentences should have been ordered to be served concurrently.

L.D . Keke for the appellant.
D.G. Lang for the respondent.

Thompson C.J.:

In view of the appellant's previous convictions, which are quite recent, for similar offences and as it is clear that he has not responded to the leniency shown to him by the District Court on those occasions, the sentences of imprisonment are entirely appropriate. However, both offences were committed as part of the same incident and indeed overlapped one another. The sentences should, therefore, have been ordered to be served concurrently and not consecutively.

The sentences are affirmed but the appeal is allowed to the extent of setting aside the order that they are to run consecutively and of substituting an order that they are to be served concurrently.