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Public Prosecutor v Napu [2007] VUSC 18; Criminal Case 02 of 2007 (13 April 2007)

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

CRIMINAL CASE No. 02 of 2007

PUBLIC PROSECUTOR

-v-

BOSEN NAPU
KALATEI CHARLEY
IASUL NIKITEN

Mr Lent Tevi for the prosecution
Mr Peter Bartels & Henzler Vira for the Defendants

SENTENCE

This is the sentence of Bosen Napu. He is charged with the offence of Arson, contrary to Section 134(1) of the Penal Code Act [CAP.135]. On 10 April 2007, at Isangel, Tanna, the Defendant pleaded guilty to the offence as charged. The prosecution withdrew the charge of Aiding Arson, contrary to Section 30 and 134(1) of the Penal Code Act [CAP.135] against the 2 other Defendants (Kalatei Charley and Iasul Nikiten).

I now deal with the sentencing of Bosen Napu in respect to Count 1.

Cases of arson are always serious cases. The law recognizes the offence of arson as very serious. The maximum penalty imposed for such an offence is of 10 years imprisonment for just one count of arson.

Brief facts show Defendant, Bosen Napu, you are from Lonapuas village, Tanna. Sometime on July 2002, you went up to Leinekueiuk village and set fire to a house – nakamal that belongs to Chief Nahma Stephen.

Your lawyer, Mr Peter Bartels submits on your behalf that you are 48 years old. You are married and you have 7 children aged from 3 to 22 and you are a gardener.

This is he first time you are offending. The Court is informed by your counsel that what caused you to burn down the house was this:-

Your brother has 4 daughters. They were made pregnant by a group of boys. One of your daughters got pregnant too by the boys. None of the boys married the daughters. Your lawyer told the Court that this turned you mad. So you burnt down the house.

The Court is also informed that the owner of the property is Chief Stephen Nahma. You have performed a custom ceremony settlement to the owner of the nakamal by giving a pig, kava and some crops.

I consider making a sentence of compensation against you. However, I consider that it is not appropriate for the following reasons:-

• You had also rebuilt a new house to replace the one you set fire on in July 2002.
• You and Chief Stephen Nahma drunk kava in the new nakamal. Chief Stephen Nahma is a good friend of yours and he is present in Court to give and show his support to you. It is an unusual situation but a very good sign of remorse, rehabilitation and a complete healing recovery process.

The reason for you doing the wrong does not take away the offence you have committed. Although the reason for your anger and the background of your situation can be seen and understood to be of a father, however, it does not constitute an excuse for so offending.

You are convicted of the offence of Arson, contrary to Section 134(1) of the Penal Code Act [CAP.135].

You are sentenced to perform community work pursuant to Section 58N of the Penal Code Act (as amended).

ORDER

The Defendant, Bosen Napu, is sentenced to perform 100 hours community work pursuant to Section 58N of the Penal Code Act [CAP.135] (as amended).

14 days to appeal.

DATED at Isangel, Tanna this 13th day of April 2007

BY THE COURT

Vincent LUNABEK
Chief Justice