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Public Prosecutor v Nof [2004] VUSC 121; Criminal Case 004 of 2004 (16 March 2004)

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

SC File No. 4 of 2004
Criminal Case No. 4 of 2004

PUBLIC PROSECUTOR

v.

JACOB NOF

Coram: Mr Justice Oliver A. Saksak
Ms Cynthia Thomas - Clerk

Counsel: Mrs Linnes Moli for the Public Prosecutor
Mr Chris Tavoa for the Defendant not appearing

SENTENCE

To the Defendant appearing personally.

You are charged with Indecent Assault - Section 98 (2), and with Unlawful Sexual Intercourse - Section 97 (2), and with Sexual Intercourse with child under care and protection- Section 96 (1) Penal Code Act (CAP. 135). Indecent Assault carries a maximum sentence of 7 years imprisonment and sexual intercourse under Sections 97 and 96 carry maximum terms of 10 years imprisonment. You have pleaded guilty to these three charges. You could be imprisoned for 27 years.

In sentencing you today I have considered the mitigating factors submitted on your behalf by Mr Tavoa and allow some credit for your admissions to the police; your guilty pleas in this Court; your remorse and contrition, your performance of custom to your wife by paying VT85.000 and for your promise not to re-offend.

I was also invited by Mr Tavoa to consider other sentencing options apart from imprisonment. However this is not a case where imprisonment can be avoided.

This girl was your step-daughter. You married her mother. She was 13 ½ years old when you started committing these offences in October 2000. You continued having sex with her until August 2002. She was pregnant and has now given birth to a child. You are the father of both that child and e girl. You are a mature man. When you should have cared and protected your step-daughter, you abused her causing her irreparable damage which she will live with all her life.

In assessing your punishment, I have considered and applied the principles laid down by the Court of Appeal in -

(1) Peter Talivo v. Public Prosecutor (1996)

(2) Public Prosecutor v. Keven Gideon (2003)

I have also considered and applied the principles in Public Prosecutor v. Raymond (1995). You have repeated these acts on your step-daughter causing her to be pregnant. You deserve a higher prison term for these offences.

I therefore sentence you as follows:-

(1) For Count 1 - Indecent Assault - 2 years imprisonment

(2) For Count 2 - U/S/I - 3 years imprisonment

(3) For Count 3 - S/I with child under care - 3 years imprisonment.

Total - 8 years imprisonment. These terms will be served consecutively to reflect the seriousness of these offences and to mark the public's disapproval of such behaviour, as an act of deterrence to others.

You will begin to serve these terms immediately today.

The period that you have spent in custody (1 month and 4 days) are included in the 8 year terns.

You may appeal within 14 days if you wish.

DATED at Luganville this 16th day of March, 2004.

BY THE ORDER OF THE COURT

OLIVER A. SAKSAK
Judge