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Public Prosecutor v Harry [2003] VUSC 123; Criminal Case No 04 of 2003 (11 February 2003)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
(Criminal Jurisdiction)

Criminal Case No. 04 of 2003

PUBLIC PROSECUTOR

v

NOEL HARRY (LOUMAN)

Prosecution: Mr. Leo
Defence: Mr. Toa

SENTENCE

I give you credit for your plea of guilty and the fact you have no previous convictions apart from those for incest.

I can understand that since your relationship of brother and sister changed into one of man and wife that it is now very difficult to stop.

It must stop.

There are many reasons. Two important ones are that it disrupts family life. Also there is always the risk of a child being born. The risk of problems for that child is enormous, both in society and in herself or himself.

You have a child by your sister. The position for her is very difficult. You must support the child, and make sure she has food, clothes and school fees.

You must make sure no more children are born to you and your sister. There is only one way to do this, that is by never having sexual intercourse with her again.

It is up to you to decide that today and act on it.

The sentence will be one of 3 years prison. I will suspend it for 3 years. If you are tempted to have sexual intercourse with your sister again, remember this. If the case comes to Court again you will go to prison for at least 3 years.

Informed of Right of Appeal.

Dated at Port Vila this 11th February 2003

R.J. COVENTRY
Judge