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Public Prosecutor v Tokon [2004] VUSC 120; Criminal Case 329 of 2002 (4 March 2004)

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

Criminal Case No.329 of 2002
SC No. 19 of 2002
Judgment No.3 of 2003

PUBLIC PROSECUTOR

v.

ROGER TOKON

FRED AVOCK

Coram: Mr Justice Oliver A.Saksak

Ms Cynthia Thomas - Clerk

Counsels: Ms Linnes Moli for Public Prosecutor

Mr Hilary Toa for the Defendants.

Date of Plea: 20th November, 2002.
Date of Trial: 28th Aril, 2003.
Date of Sentence: 2nd May, 2003.

SENTENCE

The Defendants were each charged with two counts of Unlawful Entry contrary to section 143 and to two counts of Theft contrary to section 125(a) of the Penal Code Act [CAP 135]. The first lot of offences were committed at No. 1 Restaurant in Luganville on 17-18th July 2002. The second lot of offences were committed at College de Santo on 5th September, 2002.

On 20th November, 2002 both defendants pleaded guilty to unlawful entry and theft at the No. 1 Restaurant. They both pleaded guilty also to Unlawful Entry at the College de Santo on 5th September 2002. However they pleaded not-guilty to the charge of theft. They disputed the amount stolen. They denied stealing VT171.000 from the school. They admitted stealing only VT82.000.

A trial was conducted on 28th April 2003. On 30th April 2003 the Prosecutor sought leave to amend the charge reducing the amount from VT171.000 to VT82.000. Leave was granted and the Defendants were re-arraigned. Both pleaded guilty to the amended charge.

In sentencing, the Defendants on 2nd a May 2003 I considered the involvements of Roger Tokon in Criminal Cases No.323 of 2002 and No.324 of 2002. For reasons given in his respective sentences, the only appropriate penalty I can impose on Roger Tokon is prison terms. Therefore I impose as follows:-

(a) Unlawful Entry -10 months imprisonment concurrent.

(b) Theft -10 months imprisonment concurrent. Total -10 months.

(c) Unlawful entry -12 months imprisonment concurrent.

(d) Theft -12 months imprisonment concurrent.

Total - 12 months.

Overall total= 22 months to run consecutively with the 11 months imposed in Criminal Case No.329 of 2002 plus another 11 months imposed in Criminal Case No.324 of 2002.

In total Roger Tokon will serve for 44 months in prison but reducing 7 months and 3 weeks that he has already spent in custody, he will serve only 37 months and 1 week.

Fred Avock also deserves a jail term. His sentences are as follows -

(a) Unlawful Entry - 3 months imprisonment concurrent.

(b) Theft - 3 months imprisonment concurrent. Total - 3 months.

(c) Unlawful entry - 5 months.

Theft - 5 months – concurrent
Total - 5 months.

These will be served consecutively making a total of 8 months imprisonment. This sentence will be served consecutively with the 4 months concurrent term impose on him by the Court in Criminal Case No.323 of 2002. In total Fred Avock will serve a total of 12 months imprisonment.

PUBLISHED at Luganville this 4th day of March, 2004.

BY THE COURT

OLIVER. A. SAKSAK
Judge