Court Briefs

31-year-old charged with cultivation and possession of cannabis

Mali Bwibwi pleaded guilty to one count of cultivation of cannabis and one count of possession of cannabis.

The maximum penalty for cultivation and possession of cannabis is a fine not exceeding VT100 million or a term of imprisonment not exceeding 20 years. The starting point of sentence is therefore 12 months’ imprisonment to be concurrent for both counts.

The mitigating factors are as follows: early guilty plea, 31 years old, completed his primary education before moving on to Matevulu College to do year 7 and 8. He lives by himself and earns his income from gardening.

The end sentence was 7 months’ imprisonment. The sentence was suspended for 2 years. In addition, he was ordered to complete 70 hours of community work.

53-year-old father commits incest with daughter

Frederick Lewawa pleaded guilty to three (3) counts of acts of indecency with a young person.

The offence of acts of indecency with a young person is punishable by a maximum penalty of 10 years imprisonment. The overall starting point of sentence which is to be concurrent is 6 years imprisonment.

The mitigating factors are as follows: pleaded guilty early, the defendant began his primary education up to class 6 then left due to financial difficulties. He has skills in farming but now works as a security/gardener at an expatriate’s residence. The defendant lives in a de-facto relationship with six children and he is the breadwinner.

The end sentence is 4 years’ imprisonment

2 years and 6 months’ imprisonment for sex with a minor

George Buleban Molkis pleaded guilty to a single charge of unlawful sexual intercourse with a child under 15, but over the age of 13 years.

The offence of having unlawful sexual intercourse with a child under 15 years but over the age of 13 years is punishable by a maximum penalty of 15 years imprisonment. The starting point of sentence is 6 years imprisonment.

The mitigating factors are as follows: early pleaded guilty plea, first time offender, 20 years old and a custom reconciliation was done.

The end sentence is 2 years and 6 months’ imprisonment.

4 months’ imprisonment for cannabis possession

Samuel Kalwas pleaded guilty to a single charge of possession of cannabis and is convicted accordingly.

As stated in a similar case above, the maximum penalty for possession of cannabis is a fine not exceeding VT100 million or a term of imprisonment not exceeding 20 years. The starting point of sentence is therefore 10 months’ imprisonment.

The mitigating factors are as follows: pleaded guilty early, 31 years old, and the eldest in a family of six children and lives in a de facto relationship with three children of his own. The youngest being 9 months old and the oldest is seven years old. He is the breadwinner in his family and a member of the Presbyterian Church.

The send sentence is 4 months’ imprisonment.

Man charged with arson

Frank Mahe was charged with a single charge of arson. He pleaded guilty to the charge and convicted accordingly.

The maximum penalty for arson is 5 years’ imprisonment. The starting point of sentence is 3 years’ imprisonment.

The mitigating factors are as follows: pleaded guilty early, first time offender, maintains a good relationship with his family and community, in a de-facto relationship, has a daughter, the breadwinner of his family and performed a custom reconciliation.

The end sentence is 10 months’ imprisonment. The sentence is suspended for a period 12 months.

Drunk man domestically violates parents

Benny Malapa was charged with one count of threats to kill and one count of domestic violence. He pleaded guilty to all the charges and is therefore convicted accordingly.

The offence of threats to kill is punishable by a maximum penalty of 15 years’ imprisonment and domestic violence is punishable by a term of imprisonment not exceeding 5 years, or a fine not exceeding VT100,000 or both.

The mitigating factors are as follows: pleaded guilty early, 32 years of age, maintains a good relationship with his community, the breadwinner in his family and performed a custom reconciliation.

The end sentence is therefore 18 months’ imprisonment for the lead offence and 3 months imprisonment for domestic violence to be served concurrently.

16-year-old boy too young to be sentenced

Kalowia Kalsike was charged with one count of attempted sexual intercourse without consent and one count of theft. He pleaded guilty to both charges and is therefore convicted accordingly.

The maximum penalty for attempted sexual intercourse without consent is the same as if the offence was committed and is punishable by life imprisonment. Theft is punishable by a maximum penalty of 12 years’ imprisonment. The starting point at 5 years’ imprisonment.

Mitigating factors are as follows: pleaded guilty early, 16 years old, first time offender, he was raised by his father, and his mother died when he was still a baby. Furthermore, he attended school up to Grade 4 but could not continue due to financial difficulties and performed a custom reconciliation.

The end sentence on the lead offence is 2 years’ imprisonment and 3 months’ imprisonment for the offence of theft to be served concurrently. However, his sentence is suspended for a period of 2 years and he will perform 100 hours community work. In addition, he will be under supervision for 12 months.

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