Public Prosecutor v Lui
SENTENCE
Introduction
1. The Defendant comes to this Court today to be sentenced in relation to this conviction for three counts of Domestic Violence contrary to section 4 (1)(b) of the Family Protection Act.
2. On the 1st April 2026, he entered pleas of guilty to all three counts, accepted the facts relating to them and was duly convicted.
Facts
3. The defendant and the two complainants live together at Eratap in Efate. Leiwia Jack is his wife, and Morsen Willie is Leiwia’s daugter’s partner. The Defendant has 7 children, 4 of whom are with Leiwia.
4. Sometime in April 2025, he became irrate with his wife and demanded that she swallow eleven ‘Naus” fruits. She did. In the same month, he used vulgar language against his wife in which he demanded that she returned to her family’s home
5. Similarly, on the 21st June 2026 the Defendant used vulgar language against Morsen Willie to order him to leave his property.
Statutory Maximum Sentence
6. A conviction for the offence of domestic violence attracts a sentence of five years imprisonment and/or a fine not exceeding VT 100,000.
Sentencing purpose and guideline
7. There are several principles that guide the Court when imposing a sentence on a Defendant. They include the proposition that the Defendant must be held accountable and must take responsibility for his or her action. Additionally, the offending conduct is the kind that is denounced by society, and that similar action by any offender must be deferred.
8. Specific and general deterrence have been regarded as particularly important principles in this type of offending.
9. The approach taken in the process of determining the appropriate sentence in this case follows the guidance that was provided by the Court of Appeal in the case Philip v Public Prosecutor [2020] VUCA 40.
Aggravating Factors
10. The following circumstances constitute the aggravating factors in the present cases:
a) The defendant has a prior conviction for a similar offence ( SC CR 472/23);
b) The offending conduct were unprovoked;
c) Almost invariably in cases of this kind, there is an element of a breach of trust. Victims, as in this case, are entitled to expect love and protection from offenders.
Starting Point
11. In assessing the appropriate starting point, I have taken into account the statutory maximum sentence of the offence, as well as the aggravating and mitigating factors of the offending.
12. I have considered the submissions of counsel, as well as the authorities they have referred to for the Court’s consideration. In their submissions, the prosecution has recommended a starting point of between 36- and 40-months imprisonment, whilst the Defence has proposed a starting point of between 12 to 18 months.
13. I agree with the Defence submission that the circumstances in the present case may be materially different from the facts in the cases that the prosecution has referred to. [1] There was no repeated physical assault, the use of a weapon nor injury requiring medical attention in the present case. However, those observations should not significantly detract from the considerations given to the specific aggravating factors in this case.
14. The incidence of a prior conviction will not immediately lead to an uplift, but instead affect the assessment of the defendant’s character in the evaluation of personal and mitigating factors.
15. After taking into consideration those matters, I adopt a starting point of 28 months
Guilty Plea
16. The Defendant pleaded guilty to the charges when he was arraigned in this Court. As a result, this Court gives him a discount of 25% of his sentence from the starting point.
Mitigating and Personal Factors
17. The Defendant is 64 years old, and was living with the victim Leiwia Jack in a defacto relationship. They have had 4 children together. He also had 3 daughters from his previous marriage.
18. The Defendant attended junior secondary school in North Efate and was enrolled at the Vanuatu Institute of Technology where he undertook vocational training in carpentry.
19. He has a good relationship with his community and has helped with community work and church activities. Whilst a custom reconciliation has not taken place, the Defendant has expressed a readiness to participate in one.
20. His pre-sentence report records that he is truly sorry for his wrongful actions towards his wife and is committed to making amends for is behaviour. His wife Leiwia Jack has indicated that she is willing to go back and live with the Defendant once he is released. He is a teetotaller.
21. These positive attributes must however be balanced with his record as a second offender.
22. For this mitigating and personal factor, the Defendant is granted a further discount of 3 months.
End Sentence
23. After considering all these matters, Jack Lui I impose on you an end sentence of 18 months imprisonment for each of the 3 counts. They will be served concurrently. I have considered how this sentence will be served, and have decided to invoke section 58 of the Penal Code. Domestic violence is a serious offence. I am unable to suspend the whole sentence. However, I have taken into account the circumstances of the offending, your advancing age and what your pre-sentence report suggests to be a strong rehabilitation prospect, and will suspend your sentence in part. This means that you will serve part of the sentence in prison. The balance will be suspended. To that end you will serve a total of 12 months commencing on the 26th June 2025. The balance of 6 months is suspended. This will not however include the period of 1 month 27 days on account of the breach of parole conditions relating to your previous offending. That period must be served.
24. Over the period of suspension, the Correctional Services Department is directed to enrol you into suitable rehabilitation programs that target family violence and anger management.
25. You have 14 days to appeal this sentence.
DATED AT Port Vila this 5th day of June 2026
BY THE COURT
Hon. Justice Josaia Naigulevu
[1] Public Prosecutor v Saly
Public Prosecutor v Tawi [2022] VUSC 194