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Public Prosecutor v Nalau [2003] VUSC 34; Criminal Case No 032 of 2003 (1 July 2003)

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

CRIMINAL CASE No. 32 of 2003

PUBLIC PROSECUTOR

-v-

DANIEL NALAU

Coram: Chief Justice Vincent Lunabek

SENTENCE

Defendant, Daniel Nalau is charged with-

• 3 counts of Robbery, contrary to Section 137 of the Penal Code Act;

• 3 counts of Unlawful Carriage of Weapon by Night, contrary to Section 149 of the Penal Code Act [CAP. 135].

The defendant pleaded guilty to the 6 counts as charged.

The maximum penalty for Robbery is 25 years imprisonment.

The maximum penalty for Unlawful Carriage of Weapon by Night is 6 months imprisonment.

The offence of Robbery is a serious offence.

Mitigating factors

• Plea of guilty, good cooperation with police.
• You have a 2 young children and a pregnant wife, you care and look after your family.
• You have land rent payment, you pay to custom owners.
• You are a young man.
• You ready to pay refund money you got from the bus/taxi drivers as particularized in the offences you pleaded guilty to.
• You use a knife to threat but no physical violence occurred with the use of the knife.
• You show remorse. You want to go back to continue with the bible studies you have been undertaken before.

Aggravating factors

• To commit the offence of Robbery, you use a knife. The use of knife as a weapon to help you committing the offence is an aggravating factor.
• You have previous convictions of theft, unlawful entry in 1999 and 2002.

The conviction of the offences show that you have not learnt from the past punishment you received from the Courts.

The facts show that you recidive in your criminal behaviour.

It is dangerous for the community and others. The Court must deter you from so acting and also deter against others who might want to follow your way.

This case warrants an immediate imprisonment sentence. I consider the suspension of an imprisonment sentence. Can the suspension help you? You have been given an option not to re-offend on 7 April 2002.

You quite firmly breached the previous Court Orders and re-offend by committing same type or offences of similar nature. However, in this case, offences committed are more of serious type (Robbery). I cannot suspend your imprisonment sentence.

The appropriate sentence is 5 years. I take your guilty plea into account. This represents 1/3 of the 5 years.

I take into account of your cooperation with the police also.

You are sentenced to 1 year and 6 months imprisonment. All other sentences are to be served concurrently with this sentence of 1 year and 6 months.

DATED at Port-Vila this 1st day of July 2003

BY THE COURT

Vincent LUNABEK
Chief Justice