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Public Prosecutor v Thomson [1982] VUSC 14; Criminal Case No 021 of 1982 (22 July 1982)

IN THE SUPREME COURT OF

THE REPUBLIC OF VANUATU

 

CRIMINAL JURISDICTION

 

Criminal Case No. 21/82

 

BETWEEN:

 

PUBLIC PROSECUTOR

 

AND:

 

EDWARD THOMPSON

 

Coram: Mr. Justice F. G. Cooke, Chief Justice.

 

Mr. J. Bolango, Assessor.

Mr. P. Malsangai, Assessor.

Miss J. Walsh, Chief Registrar.

Mr. R. Wainai, Interpreter.

 

JUDGMENT

 

On the 22nd July 1982, Edward Thompson appeared before the Court with assessors Mr. J. Bolango and Mr. P. Malsangai.

 

He was charged with five counts as follows:-

 

1.         Did on the 9th of April 1982, from No. 1. Prison Vila escape, an offence under section 84 of the Penal Code.

 

2.         Did on or about the 9th April 1982, unlawfully enter the house of Dr. Barrand with intent to commit an offence therein, contrary to section 143 of the Penal Code.

 

3.         On or about the 9th of April 1982, stole the sum of 5000VT the property of Catherine Barrand, an offence under section 123(a) of the Penal Code.

 

4.         That on or about the 19th of April 1981, did have in his possession two T-shirts, one bed sheet and one hand bag knowing same to have been stolen, an offence contrary to section 131 of the Penal Code and,

 

5.         That on or about the 3rd of April 1982, did corruptly give a sum of 500VT to a Public Officer Isaac Seru, with intent to influence him to letting out of a jail in which he was lawfully detained, an offence contrary to section 73(2) of the Penal Code.

 

The accused pleaded guilty to all charges and was convicted thereon.

 

The facts outlined by the prosecution was that on the 3rd of April 1982, the accused gave 500VT to a warder in order to leave the jail to see his wife. He left the prison and later returned.

 

On the 9th of April 1982, the accused escaped from jail with some eight other prisoners. The accused did not follow the others but entered the house of Dr. Barrand and stole the sum of 5000VT therefrom.

 

After spending some hours with his wife he returned to prison. Further on the 19th of April 1982, the accused was found in possession of the goods set out in charge which had been stolen by other accused on the 9th of April 1982.

 

The accused had four previous convictions, two in 1980 and two in 1981.

 

Having considered as aspects of the case the least sentence the Court could impose on the accused was one of six months for escape charge and two years for each of the other offences. Sentences to be concurrent.

 

The accused is therefore sentenced to a total of 2 years imprisonment.

 

22 July 1982.

 

FREDERICK G. COOKE.

CHIEF JUSTICE.