Court Briefs
Up&running Siaraga
24-year-old imprisoned for Unlawful Intercourse with his 14-year-old
Alex Lengkon pleaded guilty to unlawful sexual intercourse with a child aged between 13 and 15 years.
The maximum penalty for unlawful sexual intercourse is 15 years imprisonment. The Sentence starting point is 4 years 6 months imprisonment.
Mitigating factors are as follows: pleaded guilty at the first opportunity, 24 years old, single and resides with his family at Anamburu area, has some qualifications as an electrician, but runs a kava bar, Both parents are RSE workers, and Alex Lengkon looks after his siblings and has no previous convictions.
Alex Lengkon’s end the sentence is 2 years 8 months imprisonment. He has already served 27 days in custody prior to being granted bail. To preserve his parole rights his sentence will commence on 16 January 2022.
Dangerous drugs weight 995.5 grams found in a backpack
Simon Edmond Philip pleaded guilty to one charge of possession of dangerous drugs.
The maximum sentence for this offense is a fine not exceeding VT100 million or 20 years imprisonment, or both.
Mitigating factors are as follows: pleaded guilty, 34 years old, lives with his fiancée and they have three children, self-employed – he and his fiancée run a kava bar, has no previous convictions, has the strong support of his fiancée and family, and community and performed a custom reconciliation ceremony with his chief and another custom ceremony to his family.
Taking all of those matters into account, the end sentence that must be imposed is one of 10 and a half months imprisonment.
Therefore the court ordered the suspension of the execution of the imprisonment sentence on the condition that Philip commits no further offense within the next 2 years.
Also, he was warned that if he commits an offense in the next 2 years and is convicted, he will be required to serve this sentence of 10 and a half months imprisonment in addition to any other penalty that may be imposed on him for further offending.
Men in their 20’s got arrested at the airport for possession of dangerous drugs
Danny Robert and Kalo August pleaded guilty on 3 March 2020 to two charges and one charge respectively of possession of dangerous drugs, and one charge of the attempted supply of dangerous drugs.
The maximum sentence for these offenses is a fine not exceeding VT100 million or 20 years imprisonment, or both.
However, the court considers that the appropriate sentence start point for Danny Robert is 12 months imprisonment and to impose a non-imprisonment sentence for Kalo August.
Robert mitigating factors are as follows: pleaded guilty, 21 years old and a member of the Seventh-Day Adventist Church, told the pre-sentence report writer that he has been selling marijuana and earning money from it for a while before being caught, has skills in construction work and joinery, currently employed by CWR Construction as a construction worker, has no previous convictions and willingly to performed a custom ceremony to his chief.
Robert mitigating factors are as follows: pleaded guilty, 20 years old and a member of the Seventh-Day Adventist Church, an Agriculture and Social Science teacher at Etas Seventh Day Adventist School, also a student at the University of the South Pacific, Emalus Campus, has no previous convictions and willing to perform a custom ceremony to his chief.
Taking all of the above matters into account, the end sentence imposed on the possession charges for Danny Robert is 8 months imprisonment.
The end sentence for the attempted supply charge for Danny Robert is 4 months imprisonment.
The court ordered the suspension of the execution of the imprisonment sentence on the condition that the defendant commits no further offense within the next 2 years or else he will be required to serve these sentences of imprisonment in addition to any other penalty that may be imposed on him for the further offending. In addition, he will be doing 12 months supervision order subject to the standard conditions.
The end sentence imposed on Kalo August is pursuant to section 42 of the Penal Code to order Kalo August to come up again before the Court for sentence if called upon within a period of 2 years.
Accordingly, there is no sentence imposed for these offences at this stage – and indeed, if Kalo August does not re-offend in any way in the next 2 years he will not be sentenced for this offending.
However, if he does re-offend in any manner, he will be called up to be sentenced for these offences – as well as any other sentence he may receive.
The court deal with these current offenses in this way on the condition that Kalo August undertakes and satisfactorily completes 12 months of supervision subject to the standard conditions.
Father of 4 charged of the act of indecency with 4 children age 9 to 17
Charley pleaded guilty to two charges of the act of indecency with a young person and three charges of act of indecency without consent.
The maximum sentence for these offenses is 10 years and 7 years imprisonment respectively.
The court set the global sentence start point taking all the offending into account at 6 years imprisonment.
Mitigating factors are as follows: pleaded guilty, married and has 4 children and a step-daughter, all in primary and secondary school, supports his family through seasonal work overseas, his offer to perform a custom reconciliation ceremony has been refused by the complainants and their families and has no previous convictions.
Taking all of those matters into account, the court imposed the following end sentences:
Count 4 — Act of indecency with a young person 3 years 10 months imprisonment
Count 5 — Act of indecency with a young person 3 years 6 months imprisonment
Count 1- Act of indecency without consent 3 years 6 months imprisonment
Count 2 — Act of indecency without consent 3 years imprisonment
Count 3 — Act of indecency without consent 3 years imprisonment
The sentences are to run concurrently.
Mature man charge with theft and possession of dangerous drugs
Kenneth Atuary pleaded guilty to one charge each of theft and possession of dangerous drugs.
The maximum sentence for theft is 12 years imprisonment; for possession of dangerous drugs is 20 years imprisonment or a fine of VT100 million, or both.
However the sentence starting point of 15 months imprisonment.
Mitigating factors are as follows: pleaded guilty, 35 years old, in a de facto relationship and has two children, aged 2 and 4 and currently employed part time at a Chinese store at Erakor Half Road.
The end sentence that must be imposed is 9 months’ imprisonment on both charges concurrently.
Disclaimer: All court documents have been sourced and summarized from PACLII website. All this information is public information and randomly chosen to feature in the Daily Post every Friday.