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Public Prosecutor v Ligo [2003] VUSC 39; Criminal Case No 021 of 2003 (7 July 2003)

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

CRIMINAL CASE No. 21 of 2003

PUBLIC PROSECUTOR

-v-

NORMAN LIGO
YVONNE NAMEL

Counsels: Mr. Nicholas Mirou, Public Prosecutor
Mr. Hillary Toa for the two (2) defendant

JUDGMENT

Preliminary

Contrary to her intention of 18 June 2003, Yvonne Namel decided (1) to maintain her guilty plea to the offence of Aiding and Abetting Rape, contrary to Sections 30 and 91 of the Penal Code Act [CAP. 135]; and (2) Her counsel, although, informed and aware of the hearing of the proceedings in this case, does not attend.

The Court asked Mr. Hillary Toa of the Public Solicitor’s Office to help and assist Yvonne Namel in her sentencing submissions.

This is the sentence of the defendants: Norman Ligo and Yvonne Namel.

Norman Ligo was convicted on the charge of “Rape” contrary to Section 91 of the Penal Code Act [CAP. 135], after a contested trial.

Yvonne Namel pleaded guilty and was convicted on the charge of “Aiding and Abetting Rape” contrary to Section(s) 30 and (1 of the Penal Code Act [CAP. 135] on 23 April 2003. She made a confessional statement to the police.

She has been reminded in custody for sentence pending the outcome of the trial of Norman Ligo since 20th March 2003.

Yvonne Namel does not have any prior convictions. She is a first time offender.

Norman Ligo has previous convictions. He was convicted by this Court on a plea of guilty to three (3) counts of ”Unlawful Entry”, contrary to Section 143 of the Penal Code Act, Malicious Damage to property, contrary to Section 133 of the Penal Code Act and Arson, contrary to Section 134 of the Penal Code Act.

Norman Ligo, whilst on remand for the present charge, escaped from prison, and a warrant of arrest was issued by this Court on 1st April 2003. He was re-arrested on or about 23 April 2003. He re-appeared before the Court on 25 April 2003.

The defendant, Norman Ligo is convicted of the offence of Rape, contrary to Section 91 of the Penal Code Act. Yvonne Namel pleaded guilty and convicted of the offence of “Aiding and Abetting Rape”, contrary to Sections 30 and 91 of the Penal Code Act. Both defendants are sentenced at the same time.

Rape is always a serious offence. The maximum penalty imposed by law is life imprisonment. The law does not differentiate between a principal offender and a co-offender in terms of maximum penalty imposed. The punishment is the same.

Rape warrants imprisonment sentence. The guidelines are set out in PP v. Ali August and PP v. Steven Yaput & Niwasa Ramana (CRC No.57 of 2002).

However, in the present case, Yvonne Namel, the co-defendant pleaded guilty to Aiding and Abetting Rape. A credit of 1/3 of the custodial sentence be given to her. She is also a first time offender.

In the present case, the aggravating factors are: the victim’s hands and mouth were hold and blocked by the second defendant, Yvonne Namel.

No other violence used. The incident is a one off incident. No weapon used and no injuries inflicted.

The appropriate sentence for this offence under the circumstances as found is a custodial sentence of 5 years for both defendants.

Yvonne Namel pleaded guilty. This represents 1/3 of 5 years to be taken out. This comes to 1 year and 8 months.

Further she has already spent 3 months and 7 days in custody. This will also be discounted for her.

Yvonne Namel is sentenced to 1 year and 4 months and 23 days.

I consider to suspend that sentence. However, taking her involvement in the circumstances of the offending, I refuse to suspend. She will serve a term of 1 year and 4 months and 23 days with immediate effect.

Norman Ligo has spent 2 months and 12 days in custody. Ligo is sentenced to 4 years and 9 months 18 days. I consider to suspend the sentence. I have no factual ground upon which to suspend.

Norman Ligo shall serve his imprisonment sentence of 4 years 9 months and 18 days with immediate effect.

DATED at Port-Vila this 7th day of July 2003

BY THE COURT

Vincent LUNABEK
Chief Justice