Public Prosecutor v Ricky

Court Magistrates Court

Case type Criminal

Case number 1667 of 2018

Hearing date 30 Nov -0001

Decision date 04 Sep 2018

Official PDF document

Judge(s) Acting Chief Magistrate Anna Laloyer

Defendant(s) Claudia Ricky

Counsel Public Prosecutor – Mr. Tamau; Defendant – in person

Other parties Public Prosecutor

REASONS FOR JUDGMENT

SENTENCE

1. Claudia Ricky, you are charged with one count of intentional assault contrary to section 107 (b) of the Penal Code Act [Cap. 135].

2. It is submitted by the State Prosecutor, that you assaulted the Complainant because she was having an affair with your father. State Prosecution do not argue your submission.

3. Having heard your guilty pleas and the Court is satisfied that State Prosecution had established all the elements of this offence beyond reasonable doubt.

4. You are a first time offender and you pleaded guilty to the first opportunity given to you.

5. Having considered the mitigating and aggravating factors in this case, the Court convict you on one count of intentional assault.

6. You shall serve 1 year imprisonment suspended for 2 years as a starting point. A 1/3 of this sentence is hereby reduced for your guilty plea and being a first time offender. The sentence you today is 10 months imprisonment suspended for 2 years.

6. You shall pay prosecution fee in the sum of VT2, 000 within 7 days.

7. You have 14 days to appeal this decision.

DATED at Port Vila, this 4th day of September, 2018.
BY THE COURT

………………………
A.L. Bolen
Acting Chief Magistrate