Supreme Court
SENTENCE
1. Filiami Baleratu pleaded guilty to 68 counts of obtaining monies by deception on 21st July 2020 contrary to section 130B of the Penal Code Act [CAP 135] (the Act). He is now appearing for sentence.
2. The maximum penalty of this offence is 12 years imprisonment.
3. The facts are that from June 2019 through February 2020 the defendant obtained monies from the following people-
| (a) June 2019 | ||
| VT 10.000 from Jacques Molvara- | Count 1 | |
| (b) November 2019 | ||
| VT 15.000 from Micheal Kalsakar | Count 2 | |
| VT 15.000 from Junior Felix | Count 3 | |
| VT 15.000 from Sonia Karen Pakoa- | Count 4 | |
| VT 12.000 from Robert Boblang | Count 5 | |
| VT 15.000 from Jimo Jimmy | Count 6 | |
| VT 15.000 from Andrew Harry | Count 7 | |
| VT 12.000 from Robert Boblang | Count 8 | |
| VT 12.000 from Francois Kalsakar | Count 9 | |
| VT 12.000 from Alomis Kalsakar | Count 10 | |
| VT 12.000 from Tony Jeffrey Taga | Count 11 | |
| VT 15.000 from Joel Ngwele Sara | Count 12 | |
| VT 12.000 from Rasel Kalowi | Count 13 | |
| VT 12.000 from Alice Philip | Count 14 | |
| VT 15.000 from Linda Laua | Count 15 | |
| VT 15.000 from Kalo Ishmael | Count 16 | |
| VT 15.000 from Jennifer Sampet | Count 17 | |
| VT 15.000 from Kalter Kalsulik | Count 18 | |
| VT 15.000 from Gideon Kaltapu | Count 19 | |
| VT 15.000 from Helena Iaput | Count 20 | |
| VT 15.000 from Tara Taga | Count 21 | |
| VT 12.000 from Rasel Kalowi | Count 22 | |
| VT 10.000 from Commi Elijah | Count 23 | |
| (c) January 2020 | ||
| VT 20.000 from Tom Terter | Count 24 | |
| VT 12.000 from Micheal Kalosik | Count 25 | |
| VT 12.000 from Salome Lewia Johnson | Count 26 | |
| VT 12.000 from Jimmy Samuel | Count 27 | |
| VT 12.000 from John Surao | Count 28 | |
| VT 15.000 from Hilda Watas | Count 29 | |
| VT 15.000 from Daniella Kalosik | Count 30 | |
| VT 15.000 from Mersani Luvu Cullwick | Count 31 | |
| VT 15.000 from Nike Malverus | Count 32 | |
| VT 12.000 from Kalros Kalangis | Count 33 | |
| VT 15.000 from Meto Tasso | Count 34 | |
| VT 15.000 from Raymond Kalsakau | Count 35 | |
| VT 15.000 from Devrina Tari | Count 36 | |
| VT 12.000 from Kalo Ishamael | Count 37 | |
| VT 20.000 from Tom Terter | Count 38 | |
| VT 15.000 from Jacques Harry | Count 39 | |
| VT 10.000 from Jacques Harry | Count 40 | |
| VT 10.000 frm Valerie Philip | Count 41 | |
| VT 15.000 from Rosinda Viti | Count 42 | |
| VT 15.000 from Lucy Maltery | Count 43 | |
| VT 15.000 from Narau Failet | Count 44 | |
| VT 12.000 from Anita Kalses | Count 45 | |
| VT 12.000 Rejel Nepnep | Count 46 | |
| VT 12.000 from Anita Kalses | Count 47 | |
| VT 12.000 from Erman Sumsum | Count 48 | |
| VT 10.000 from Sali Lala | Count 49 | |
| VT 10.000 from Pierre Tasal | Count 50 | |
| (d) February 2020 | ||
| VT 15.000 from Kalsaf Kalsakau | Count 51 | |
| VT 10.000 from Noe Nalet | Count 52 | |
| VT 15.000 from Taronmal Areng Namal | Count 53 | |
| VT 15.000 from Kalsaf Kalsakau | Count 54 | |
| VT 10.000 from Naenalet | Count 55 | |
| VT 15.000 from Jocelyne Sese | Count 56 | |
| VT 10.000 from Yanno Yale | Count 57 | |
| VT 15.000 from Yir Kalta Felix | Count 58 | |
| VT 15.000 from Rose Yamak | Count 59 | |
| VT 12.000 from Bilsen Kalses | Count 60 | |
| VT 15.000 from Renzo Robert | Count 61 | |
| VT 15.000 from Suzanne Keinoho | Count 62 | |
| VT 15.000 from Martine Lamai | Count 63 | |
| VT 15.000 from Suznne Kainolo | Count 64 | |
| VT 15.000 from Silas Naulas | Count 65 | |
| VT 15.000 from Rini Kalomuana | Count 66 | |
| VT 15.000 from Peter Iamak | Count 67 | |
| VT 10.000 from Claude Tom | Count 68 |
The total amount he collected deceptively was VT 924,000.
4. The defendant became jobless after he was terminated from 2 previous employments. He needed quick cash and therefore started a fraudulent scheme whereby he introduced himself to the public as an agent of Seasonal Employer Scheme (“RSE”). He obtained monies and promised them contracts for and on behalf of farming companies in New Zealand. He told persons he would use monies to pay for their medical examinations, visas, passports, ID photos and other relevant documents, None of these things ever materialised. The complainants made formal complaints to the police. Investigations were made and the defendant was arrested and questioned under caution. He made admissions.
5. The defendant used up all the monies he collected for own use and benefit. None of the money collected was recovered.
6. The offendings were planned. There were repetitive. They were committed on simple citizens in dire need of employment and money. There was a serious breach of trust. The defendant seemed to have enjoyed what he was doing. He has caused a huge loss to 68 people who are obviously affected financially and mentally as a result off the defendant’s deceptions. I consider these are the aggravating features of this defendant’s offendings.
7. I consider that the defendant’s case is far more serious than that of Bong v PP [2020] VUCA 19 but obviously less serious than Tari and Mala cases.
8. There are absolutely no mitigating circumstances warranting the commission of this offence repeatedly over 68 times.
9. Considering the totality of the circumstances, together with the seriousness of the offences committed, I set the starting sentence to be one of 3 years imprisonment.
10. I therefore sentence the defendant to 3 years imprisonment on each of 68 counts, to be served concurrently. This means the defendant has a total concurrent sentence of 3 years imprisonment.
11. He is 35 years old. He is married with children. He is relatively educated. He is skilful in cooking and is an ambitious cook with a small catering business. He cares for and looks after his family well. He is in good health and does not drink kava or smoke cigarettes.
12. He has not performed any reconciliation ceremony but expresses willingness to make repayments. He has so far made repayments to 5 victims.
13. Had a clean criminal record. He admitted his actions to the police and made admissions to the Court on the plea day. I am prepared to give him the full 1/3 reduction for this factor. His sentence is reduced therefore by 1 year.
14. I allow a further 6 months for his other mitigating factors and personal factors. His end sentence is therefore 1 years and 6 months imprisonment.
15. As to whether or not his sentence should be suspended, I do not see any exceptional circumstances to warrant such a course. There is therefore no suspension of sentence.
16. Finally I take into account the period the defendant has spent in custody. I therefore backdate his end sentence to 23rd February 2020.
17. The defendant has a right of appeal against this sentence within 14 days if he does not accept it.
DATED at Port Vila this 16th day October 2020
BY THE COURT
OLIVER.A.SAKSAK
Judge