Public Prosecutor v Kalki
SENTENCE
A. Introduction
1. Mr John Kalki, Mr Lakin Iaham, Mr Luata Sam, Mr Steven Bebe, Mr Willie Talai, Mr Lakin Royal, Mr Jack Royal and Mr Frank Sam, you appear for sentence today been found guilty after trial of a number of offences committed on 24 March 2024 on Tanna island involving unlawful assembly, criminal trespass, intentional assault, arson, kidnapping, threats to kill a person and false imprisonment. You entered property belonging to Mr Thomas Lakin and the late Tom Rarken and committed the offending there as well as on the road to and at your nakamal.
2. All eight of you were convicted of criminal trespass contrary to para. 144(a) of the Penal Code [CAP. 135] (Count 1), unlawful assembly contrary to subs. 68(1) and s. 69 of the Penal Code (Count 7) and false imprisonment contrary to s. 118 of the Penal Code (Count 9).
3. The following defendants were also convicted of:
i) Steven Bebe was convicted of intentional assault causing damage of a temporary nature contrary to para. 107(b) of the Penal Code (Count 2);
ii) Lakin Iaham was convicted of intentional assault causing damage of a permanent nature contrary to para. 107(c) of the Penal Code (Count 4) and kidnapping contrary to para. 105(b) of the Penal Code (Count 6);
iii) John Kalki was convicted of arson contrary to subs. 134(1) of the Penal Code (Count 5); and
iv) Frank Sam was convicted of threats to kill a person contrary to s. 115 of the Penal Code (Count 8).
B. Facts
Criminal trespass (Count 1)
4. Twice at night on 24 March 2024, all eight of you Defendants and a large group of people entered into Thomas Lakin’s yard on Tanna island and filled up the yard. The group numbered over 50 people. Lakin Iaham and Luata Sam were at the front of the group as they entered the yard. Mr Iaham swore at Mr Wol and the others in the yard as they entered.
5. The eight of you Defendants and the group of people entered Mr Lakin’s yard without any shirts on (“Oli kam, oli dry chest.”). All eight of you entered the yard with most of you armed with weapons. Luata Sam was carrying a machete, Frank Sam was carrying a bush knife, Steven Bebe was carrying a slingshot. Jack Royal was carrying a knife, Lakin Royal was carrying a knife, Luata Sam held a piece of wood, Mr Bebe was carrying a slingshot and Frank Sam was holding a knife. The evidence differed as to the weapon that Luata Sam carried. I considered that it was inherently likely that in the heated situation that night, that the witnesses saw Luata Sam at different points in time so that at one point, he was seen carrying a machete and at another point, a piece of wood. I did not consider that this was a material inconsistency; I found that Luata Sam was armed.
6. Mr Lakin was repairing the house in that yard. The house had belonged to the late Tom Rarken. Mr Larkin had engaged Mr Ture and his group of builders to undertake the house repairs. Mr Ture and his group of builders moved into the house on 15 March 2024 to carry out those repairs for Mr Lakin hence Mr Lakin had possession of the house.
7. The eight of you entering Mr Lakin’s yard in that large group, at night, shirtless and carrying weapons showed that you intended to intimidate any person lawfully in possession of the property.
8. Accordingly, I was satisfied that Count 1, alleging criminal trespass, had been established beyond reasonable doubt in respect of all eight Defendants.
Unlawful assembly (Count 7)
9. All eight of you along with other persons formed a large group which twice at night on 24 March 2024 entered Mr Lakin’s yard on Tanna island. You and the group entered Mr Lakin’s yard and filled up the yard. You and the others in the group of people did not wear shirts. Most of you were carrying weapons. I concluded that each of you along with two or more other persons assembled with intent to carry out some common purpose.
10. The manner in which you presented yourselves entering Mr Lakin’s yard in a large group, at night, shirtless, with most of you carrying weapons, caused Mr Wol, Mr Quao, Mr Tom, Mr Bob and Mr Iounion who were nearby reasonably to fear that the persons so assembled would commit a breach of the peace.
11. Accordingly, I was satisfied that Count 7, alleging unlawful assembly, had been established beyond reasonable doubt in respect of all eight Defendants.
Steven Bebe - Intentional assault causing damage of a temporary nature (Count 2)
12. One of the complainants Mr Thomas Wol and several others went to Mr Lakin’s yard after they received word that people were stoning Thomas Lakin’s house. Mr Wol saw the eight of you and a large group of you enter Mr Lakin’s yard. He was frightened because you were carrying weapons. Then he heard Jason Tom shoot the gun into the air twice and you and the group left. Then he heard you beating the tamtam (slit gong) at your nakamal. He was still standing at Mr Lakin’s house and Lakin Iaham and the other Defendants and many more men that he could not see in the dark came into the yard a second time. Mr Iaham swore at them: “Yufala I fuck-fuckem yufala”, “Yufala I fuckem ol papa mo mama blo yufala”, “ol sting kok.” You and the group were carrying machetes, stones for the earth oven, slingshots and pieces of wood. You filled up the yard. Mr Wol felt even more scared. He backed up but when he looked back, he could not see the others that he had come with. He was alone so he started to run away but fell into a hole.
13. Mr Wol saw Mr Bebe, Lakin Royal and Jack Royal jump into the hole with him, with Jack Royal shining a pistol torch at him. Mr Bebe told Mr Wol to hand over his knife. Mr Wol handed his knife to Mr Bebe, then Mr Bebe used his slingshot to shoot a stone at Mr Wol’s left eye, resulting in a wound and bleeding which prevented Mr Wol for a time from seeing through that eye. By doing so, Mr Bebe applied force to Mr Wol’s body. The force of the shot was so large that Mr Wol was thrown to the ground. There could be no doubt that Mr Bebe used the slingshot in that manner intentionally. The resultant wound constituted damage of a temporary nature.
14. Accordingly, I was satisfied that Count 2, alleging intentional assault causing damage of a temporary nature, had been established beyond reasonable doubt in respect of Steven Bebe.
John Kalki - arson (Count 5)
15. After Mr Wol was dragged back to Mr Lakin’s house, Mr Kalki brought over three 5-litre plastic containers of benzene. Mr Kalki gave one container to Joseph Iesul and the other container to Lava Natnau. Mr Kalki held onto the remaining container. Then Mr Kalki used a stone to break open the house door.
16. After that, Mr Kalki told others to go inside the house. They brought mattresses, dishes, plates and trays outside and cut those items with their knives and pieces of wood. Then Mr Kalki and two others poured benzene on the house, inside the house and on the ground outside. Mr Kalki struck a match and set fire to the benzene on the ground outside, and the fire raced into the house and set the house on fire.
17. From Mr Kalki’s own evidence, he knew that the house belonged to the late Tom Rarken. The house was in Mr Lakin’s possession. I therefore found that Mr Kalki set fire to the house knowing that the house belongs to another person.
18. The house was in Mr Lakin’s possession. It was previously Tom Rarken’s house. Mr Kalki did not have any lawful excuse to set the house on fire so he did so unlawfully. From the manner in which Mr Kalki set fire to the house, he did so wilfully.
19. Accordingly, I was satisfied that Count 5, alleging arson, had been established beyond reasonable doubt in respect of John Kalki.
Kidnapping (Count 6)
20. Mr Iaham told Sam Iahoi, Johnson Nabengas, Iasu Iapen and Charley Maktuan to carry Mr Wol. Two of them hung onto his legs and two his arms. On the road, they threw him into the mud. Lakin Royal hit him again, on his right side, in the ribs. They forced him to stand up. Iasu Laken and Sam Iawai held onto his arms and he walked a little forward, on the road towards the Defendants’ place. Luata Sam got a piece of wood and hit him again in his right side, in the ribs. They told him to stand up again. He told them that he was too weak to walk. He saw Sam Iawai, Johnson Nambengas, Charley Mark Tuan and Iasu Iapen carried him to their nakamal and once they got there, threw him like a pig onto the ground.
21. I concluded that Lakin Iaham, by directing others to carry Mr Wol by his arms and legs, compelled Mr Wol to go from the road away from Mr Lakin’s house to the nakamal at Laruwenu. Mr Wol was compelled to do so by force and without lawful excuse.
22. Accordingly, I was satisfied that Count 6, alleging kidnapping, had been established beyond reasonable doubt in respect of Lakin Iaham.
False imprisonment (Count 9)
23. Mr Wol was thrown like a pig onto the ground at the nakamal at Laruwenu. Mr Iaham came to Mr Wol and straightened out his left hand then stepped on that hand on the ground with his safety shoe. I find that he broke Mr Wol’s hand, resulting in Mr Wol now being unable to bend his left ring finger. I also find that Mr Iaham kicked Mr Wol in the mouth, resulting in him losing two of his teeth – one from his upper left jaw and one from his lower left jaw.
24. Mr Wol was left for a small while, then washed with a bucketful of water. He saw Johnson Nabengas and Sam Iawai stone his head with earth oven stones. Frank Sam lifted up his head and pressed his machete to his neck (touching his throat as he said this) and asked him if he (Mr Wol) stole his marijuana? He told Mr Sam that he does not smoke marijuana and does not know anything about marijuana. Mr Sam also said that if he (Mr Wol) had stolen his marijuana, that he (Mr Sam) would chop his head off. He (Mr Wol) thought that he would be killed. He was still lying on the ground when he saw a Police truck arrive. The Police wanted to take him but the group members argued with the Police and told the Police that they could not take him. He saw many people argue with the Police but saw Iasu Iapen, Johnson Nabengas, Sam Iawai and Lakin Iaham standing with the Police officers. All eight Defendants were there at the nakamal.
25. The Defendants did not have lawful authority to detain Mr Wol at the nakamal but he was so detained, against his will.
26. Accordingly, I was satisfied that Count 9, alleging false imprisonment, had been established beyond reasonable doubt in respect of all eight Defendants.
Lakin Iaham - intentional assault causing damage of a permanent nature (Count 4)
27. At the nakamal at Laruwenu, Mr Iaham came to Mr Wol, straightened out his left hand on the ground, then stepped on it and broke Mr Wol’s hand. Mr Wol is now unable to bend his left ring finger. Mr Iaham also kicked Mr Wol in the mouth, causing him to lose two teeth.
28. Mr Iaham therefore applied force to Mr Wol’s body. Straightening out Mr Wol’s hand and then stepping on it in such manner could not have been anything but intentional. The damage caused was of a permanent nature.
29. Accordingly, I was satisfied that Count 4, alleging intentional assault causing damage of a permanent nature, had been established beyond reasonable doubt in respect of Lakin Iaham.
Frank Sam - threats to kill a person (Count 8)
30. Whilst Mr Wol was lying on the ground at the nakamal at Laruwenu, Frank Sam lifted up his head and pressed his machete to Mr Wol’s throat, at the front of his neck, and asked Mr Wol if he stole his marijuana? Mr Wol replied that he does not smoke marijuana and does not know anything about marijuana. Mr Sam also said that if he (Mr Wol) had stolen his marijuana, that he (Mr Sam) would chop his head off. Mr Mr Wol thought that he would be killed.
31. I concluded that Mr Sam directly caused the complainant Mr Wol to receive an oral threat to kill him. There could be no doubt that Mr Sam knew the contents of his oral threat to Mr Wol. There could also be no doubt that Mr Sam intended the threat to be taken as real, having made it whilst lifting Mr Wol’s head off the ground and pressing a machete to his throat and neck.
32. Accordingly, I was satisfied that Count 8, alleging threats to kill a person, had been established beyond reasonable doubt in respect of Frank Sam.
C. Sentence Start Point
33. The sentence start point is assessed having regard to the maximum sentences available, and the mitigating and aggravating factors of the offending.
34. The maximum sentences prescribed in the Penal Code [CAP. 135] are:
i) Threat to kill a person – 15 years imprisonment (s. 115);
ii) False imprisonment – 10 years imprisonment (s. 118);
iii) Intentional assault causing damage of a permanent nature – 10 years imprisonment (para. 107(c));
iv) Arson – 10 years imprisonment (subs. 134(1));
v) Kidnapping – 10 years imprisonment (para. 105(b));
vi) Intentional assault causing damage of a temporary nature – 5 years imprisonment (s. 107(b));
vii) Unlawful assembly – 3 years imprisonment (subs. 68(1) and s. 69); and
viii) Criminal trespass – 1 year imprisonment (subs. 144(a).
35. There is no mitigating feature of the offending.
36. The aggravating factors of the offending of Lakin Iaham included the following:
• Joint criminal enterprise;
• He was the leader of the defendants and others in their joint criminal enterprise;
• The offending was premeditated and well planned;
• The offending occurred at night time;
• The offending was unprovoked;
• Multiple victims;
• The use of weapons including knives, sling shots, stones, pieces of wood and safety boots;
• The terror, pain and losses caused to the victims; and
• No prospect of reparation.
37. The aggravating factors of the offending of John Kalki included the following:
• Joint criminal enterprise;
• The offending was premeditated and well planned;
• The offending occurred at night time;
• The offending was unprovoked;
• Multiple victims;
• The use of weapons including benzene;
• The terror and losses caused to the victims; and
• No prospect of reparation.
38. The aggravating factors of the offending of Stephen Bebe included the following:
• Joint criminal enterprise;
• The offending was premeditated and well planned;
• The offending occurred at night time;
• The offending was unprovoked;
• Multiple victims;
• The use of a weapon namely a sling shot;
• The terror, pain and losses caused to the victims; and
• No prospect of reparation.
39. The aggravating factors of the offending of Frank Sam included the following:
• Joint criminal enterprise;
• The offending was premeditated and well planned;
• The offending occurred at night time;
• The offending was unprovoked;
• Multiple victims;
• The use of a weapon namely a bush knife;
• The terror, pain and losses caused to the victims; and
• No prospect of reparation.
40. The aggravating factors of the offending of Luata Sam, Willie Talai, Lakin Royal and Jack Royal included the following:
• Joint criminal enterprise;
• The offending was premeditated and well planned;
• The offending occurred at night time;
• The offending was unprovoked;
• Multiple victims;
• The use of weapons including knives and a piece of wood;
• The terror and losses caused to the victims; and
• No prospect of reparation.
D. Sentence – Lakin Iaham
41. Mr Iaham, you were the leader of the joint criminal enterprise which included the Defendants and other persons. You committed the offences of false imprisonment, unlawful assembly and criminal trespass jointly with the other Defendants. You and the other Defendants were part of a large group of persons who unlawfully assembled, armed yourselves with weapons and then criminally trespassed into Mr Lakin’s yard. The house was set on fire in your midst. In addition to the offending committed jointly, Mr Iaham, you committed intentional assault causing damage of a permanent nature and kidnapping. Your violence was unprovoked, involved a serious level of violence with the use of a weapon, was aimed at the head which is the most vulnerable part of the body, and led to serious permanent injury: Tari v Public Prosecutor [2011] VUCA 26. You ordered Mr Wol’s kidnapping, in which Mr Wol was carried by his arms and legs then thrown onto the ground like a pig.
42. There has been no offer of compensation nor has there been any custom compensation paid to the victims.
43. The maximum sentences prescribed, and the mitigating and aggravating factors of the offending, require a global sentence start point of 5 years imprisonment. The defence submissions were to the effect that a starting point of 5 years imprisonment was appropriate for the intentional assault causing damage of a permanent nature and lesser terms of imprisonment were appropriate for the other offences. The cases cited in support included Public Prosecutor v Urinmal [2013] VUSC 95 and Public Prosecutor v George [2016] VUSC 72.
44. Mr Iaham, you pleaded not guilty to all the charges against you therefore there is no guilty plea deduction available.
45. You are 57 years old. You are married and have seven children. Four of your children are still in school or undertaking further studies. You are a permanent government teacher. You have been teaching since 1991 after graduating from the Vanuatu Teachers College. You are a Year 4 leaver. You are the Chairman of the Osnalmok Disability Association which is an affiliated member of the Vanuatu Disability Promotion and Advocacy Association (‘VDPA’). You are an Elder in the Seventh Day Adventist Church. You have no prior convictions.
46. Twenty percent (one year) is deducted from the sentence start point for Mr Iaham’s personal factors.
47. You served time in custody from 27 March 2024 to 10 April 2024 (15 days), an effective imprisonment term of one month therefore a further month is deducted from the sentence start point.
48. The applicable sentencing principles are to denounce and express public disapproval of such offending, to deter the defendant and others from such offending, to protect the community and to hold the defendant accountable for his offending.
49. Taking all matters into account, the following end sentences for Lakin Iaham are imposed concurrently:
i) Intentional assault causing damage of a permanent nature (Count 4) 3 years 11 months imprisonment;
ii) False imprisonment (Count 9) 3 years imprisonment;
iii) Kidnapping (Count 6) 2 years 6 months imprisonment;
iv) Unlawful assembly (Count 7) 2 years imprisonment; and
v) Criminal trespass (Count 1) 1 year imprisonment.
50. The end sentences will not be suspended as there are no exceptional circumstances warranting suspension. An immediate custodial sentence must be imposed for this serious offending.
E. Sentence – John Kalki
51. Mr Kalki, you committed the offences of false imprisonment, unlawful assembly and criminal trespass jointly with the other Defendants. You and the other Defendants were part of a large group of persons who unlawfully assembled, armed yourselves with weapons and then criminally trespassed into Mr Lakin’s yard. In addition, Mr Kalki, you committed the offence of arson. The house you burnt to the ground had cost over VT6 million in renovations, with the builders occupying the house in order and continuing the ongoing renovations. The owners and occupants of the house lost all their belongings in the fire. There is no prospect of reparation. There has been no offer of compensation nor has there been any custom compensation paid to the victims.
52. It is submitted that Mr Kalki took steps to ensure that no person remained in the house or in its immediate vicinity before setting fire to the house. However, there were no factual findings to that effect. I consider it fortunate that the occupants of the house had fled for their lives, but that this was not due to any steps taken by Mr Kalki.
53. The maximum sentences prescribed, and the mitigating and aggravating factors of the offending, require a global sentence start point of 3 years 6 months imprisonment. The defence submissions accepted as much, citing Public Prosecutor v Michel [2020] VUSC 47 and Public Prosecutor v Soulny [2024] VUSC 6.
54. Mr Kalki, you pleaded not guilty to all the charges against you therefore there is no guilty plea deduction available.
55. You are 48 years old. You are married and have five children. Three of your children are still in school. You are a Year 4 leaver. You are a subsistence and market gardener. You are a resourceful person in your community, serving as the Community Water Supply Maintenance Officer, Vice-Chairman of the Money Saving Scheme and the Chairman of the Community Working Group. You have no prior convictions.
56. Fifteen percent (6 months) is deducted from the sentence start point for Mr Kalki’s personal factors.
57. You served time in custody from 27 March 2024 to 10 April 2024 (15 days), an effective imprisonment term of one month therefore a further month is deducted from the sentence start point.
58. The applicable sentencing principles are to denounce and express public disapproval of such offending, to deter the defendant and others from such offending, to protect the community and to hold the defendant accountable for his offending.
59. Taking all matters into account, the following end sentences for John Kalki are imposed concurrently:
i) Arson (Count 5) 2 years 11 months imprisonment;
ii) False imprisonment (Count 9) 2 years 11 months imprisonment;
iii) Unlawful assembly (Count 7) 2 years imprisonment; and
iv) Criminal trespass (Count 1) 1 year imprisonment.
60. The offending is serious. It involved a large group who undertook a joint criminal enterprise. In addition to the offending committed jointly, you caused significant damage to property and loss to the victims. There is no prospect of reparation. There has been no offer of compensation nor has there been any custom compensation paid to the victims. I also take into account your prior clean record and prospects of rehabilitation.
61. Taking all matters into account, you are to serve 1 year of your imprisonment sentence and the balance of 1 year 11 months imprisonment is suspended for 3 years. You are to serve 1 year imprisonment immediately to reflect the culpability of your offending and to denounce this serious offending.
62. You are warned that if you offend again and receive a conviction within the next 3 years, that you will need to serve the remaining 1 year 11 months of your imprisonment sentences in addition to any other penalty that may be imposed on you for the further offending.
F. Sentence – Frank Sam
63. Mr Frank Sam, you committed the offences of false imprisonment, unlawful assembly and criminal trespass jointly with the other Defendants. You and the other Defendants were part of a large group of persons who unlawfully assembled, armed yourselves with weapons and then criminally trespassed into Mr Lakin’s yard. The house was set on fire in your midst. In addition to the offending committed jointly, Mr Sam, you committed the offence of threat to kill a person whilst holding a knife to Mr Wol’s throat and neck and asked Mr Wol if he had stolen your marijuana. You told Mr Wol that if he (Mr Wol) had stolen your marijuana, that you would chop his head off. Mr Wol thought that he would be killed. There has been no offer of compensation nor has there been any custom compensation paid to the victims.
64. The maximum sentences prescribed, and the mitigating and aggravating factors of the offending, require a global sentence start point of 3 years 6 months imprisonment. The defence submissions cited Public Prosecutor v Urinmal [2013] VUSC 95 and Public Prosecutor v George [2016] VUSC 72. It was also submitted that an appropriate starting point for threat to kill was 12 months imprisonment. I reject that submission given the circumstances of the offending and the maximum penalty prescribed of 15 years imprisonment.
65. Mr Sam, you pleaded not guilty to all the charges against you therefore there is no guilty plea deduction available.
66. You are 44 years old. You are married and have four children. You are a Year 9 leaver. You are a subsistence and market gardener, and have completed two seasons of seasonal work overseas. You have the support of your family and community. You have no prior convictions.
67. Fifteen percent (6 months) is deducted from the sentence start point for Mr Sam’s personal factors.
68. You served time in custody from 27 March 2024 to 10 April 2024 (15 days), an effective imprisonment term of one month therefore a further month is deducted from the sentence start point.
69. The applicable sentencing principles are to denounce and express public disapproval of such offending, to deter the defendant and others from such offending, to protect the community and to hold the defendant accountable for his offending.
70. Taking all matters into account, the following end sentences for Frank Sam are imposed concurrently:
i) Threat to kill a person (Count 8) 2 years 11 months imprisonment;
ii) False imprisonment (Count 9) 2 years 11 months imprisonment;
iii) Unlawful assembly (Count 7) 2 years imprisonment; and
iv) Criminal trespass (Count 1) 1 year imprisonment.
71. The offending is serious. It involved a large group who undertook a joint criminal enterprise. In addition to the offending committed jointly, you threatened to kill a person whilst holding a machete to the complainant’s throat and neck. He thought that he would be killed. There is no prospect of reparation. There has been no offer of compensation nor has there been any custom compensation paid to the victims. I also take into account your prior clean record and prospects of rehabilitation.
72. Taking all matters into account, you are to serve 1 year of your imprisonment sentence and the balance of 1 year 11 months imprisonment is suspended for 3 years. You are to serve 1 year imprisonment immediately to reflect the culpability of your offending and to denounce this serious offending.
73. You are warned that if you offend again and receive a conviction within the next 3 years, that you will need to serve the remaining 1 year 11 months of your imprisonment sentences in addition to any other penalty that may be imposed on you for the further offending.
G. Sentence – Stephen Bebe
74. Mr Bebe, you committed the offences of false imprisonment, unlawful assembly and criminal trespass jointly with the other Defendants. You and the other Defendants were part of a large group of persons who unlawfully assembled, armed yourselves with weapons and then criminally trespassed into Mr Lakin’s yard. The house was set on fire in your midst. In addition to the offending committed jointly, Mr Bebe, you committed the offence of intentional assault causing damage of a temporary nature. Your violence was unprovoked and cowardly, assaulting Mr Wol in the eye with a stone that you shot at close range from a slingshot. The force of the shot was so large that Mr Wol was thrown to the ground. You caused him serious temporary injury. There has been no offer of compensation nor has there been any custom compensation paid to the victims.
75. The maximum sentences prescribed, and the mitigating and aggravating factors of the offending, require a global sentence start point of 3 years 6 months imprisonment. The defence submissions accepted as much, citing Public Prosecutor v Urinmal [2013] VUSC 95 and Public Prosecutor v George [2016] VUSC 72.
76. Mr Bebe, you pleaded not guilty to all the charges against you therefore there is no guilty plea deduction available.
77. You are 26 years old. You are a single father of one daughter. You are a Year 6 leaver. You are a subsistence and market gardener. You have a sore on your right leg that is affecting your health. You have no prior convictions.
78. Fifteen percent (6 months) is deducted from the sentence start point for Mr Bebe’s personal factors.
79. You served time in custody from 27 March 2024 to 10 April 2024 (15 days), an effective imprisonment term of one month therefore a further month is deducted from the sentence start point.
80. The applicable sentencing principles are to denounce and express public disapproval of such offending, to deter the defendant and others from such offending, to protect the community and to hold the defendant accountable for his offending.
81. Taking all matters into account, the following end sentences for Stephen Bebe are imposed concurrently:
i) False imprisonment (Count 9) 2 years 11 months imprisonment;
ii) Intentional assault causing damage of a temporary nature (Count 2) 2 years 6 months imprisonment;
iii) Unlawful assembly (Count 7) 2 years imprisonment; and
iv) Criminal trespass (Count 1) 1 year imprisonment.
82. The offending is serious. It involved a large group who undertook a joint criminal enterprise. The violence you inflicted was unprovoked and cowardly, you used a weapon, aimed at the head, which is the most vulnerable part of the body, and inflicted serious injuries. I also take into account your prior clean record and prospects of rehabilitation.
83. Taking all matters into account, you are to serve 6 months of your imprisonment sentence and the balance of 2 years imprisonment is suspended for 3 years. You are to serve 6 months imprisonment immediately to reflect the culpability of your offending and to denounce this serious offending.
84. You are warned that if you offend again and receive a conviction within the next 3 years, that you will need to serve the remaining 2 years of your imprisonment sentences in addition to any other penalty that may be imposed on you for the further offending.
H. Sentence – Luata Sam, Willie Talai, Lakin Royal and Jack Royal
85. Mr Luata Sam, Mr Willie Talai, Mr Lakin Royal and Mr Jack Royal committed the offences of false imprisonment, unlawful assembly and criminal trespass jointly with the other Defendants. They and the other Defendants were part of a large group of persons who unlawfully assembled, armed themselves with weapons and then criminally trespassed into Mr Lakin’s yard. The house was set on fire in their midst. There has been no offer of compensation nor has there been any custom compensation paid to the victims.
86. The maximum sentences prescribed, and the mitigating and aggravating factors of the offending, require a global sentence start point of 3 years imprisonment. The defence submissions accepted as much, citing Public Prosecutor v Urinmal [2013] VUSC 95 and Public Prosecutor v George [2016] VUSC 72.
87. You all pleaded not guilty to all the charges against you therefore there is no guilty plea deduction available.
88. Mr Luata Sam, you are 31 years old. You are married and have four children. You and your wife are currently expecting another child. Three of your children are in primary school, the last one not yet. You are a Year 6 leaver. You are a subsistence farmer. You have the support of your family and community. You have no prior convictions.
89. Mr Talai, you are 29 years old. You are married and have four children. Three of your children are in primary school, the last one not yet. You are a Year 7 leaver. You are a subsistence and market gardener. You have the support of your family and community. You have no prior convictions.
90. Mr Lakin Royal, you are 30 years old. You were in a de facto relationship at the time of the offending. You are now a single father and have one child. You are a Year 10 leaver. You are a subsistence and market gardener. You have the support of your family and community. You have no prior convictions.
91. Mr Jack Royal, you are 36 years old. You are married and have one child. You are a Year 6 leaver. You are a subsistence farmer and also have skills in construction. You have the support of your family and community. You have no prior convictions.
92. Fifteen percent (5 months) is deducted from the sentence start point for each of you for your personal factors.
93. You each served time in custody from 27 March 2024 to 10 April 2024 (15 days), an effective imprisonment term of one month therefore a further month is deducted from the sentence start point.
94. The applicable sentencing principles are to denounce and express public disapproval of such offending, to deter the defendant and others from such offending, to protect the community and to hold the defendant accountable for his offending.
95. Taking all matters into account, the following end sentences for Mr Luata Sam, Mr Willie Talai, Mr Lakin Royal and Mr Jack Royal are imposed concurrently:
i) False imprisonment (Count 9) 2 years 6 months imprisonment;
ii) Unlawful assembly (Count 7) 2 years imprisonment; and
iii) Criminal trespass (Count 1) 1 year imprisonment.
96. The offending is serious. It involved a large group who undertook a joint criminal enterprise. A house was set on fire in your midst. Mr Wol was set upon with unprovoked violence. I also take into account your prior clean record and prospects of rehabilitation.
97. Taking all matters into account, your end sentences are suspended for 3 years.
98. You are warned that if you offend again and receive a conviction within the next 3 years, that you will need to serve the imprisonment sentences imposed today in addition to any other penalty that may be imposed on you for the further offending.
99. The Manager of the Correctional Centre at Isangel on Tanna island is to inform the Court if Mr Lakin Iaham, Mr John Kalki, Mr Frank Sam and Mr Steven Bebe fail to present themselves to the Correctional Centre by 4pm today.
100. The Defendants have 14 days to appeal.
DATED at Port Vila this 22nd day of July, 2026
BY THE COURT
………………………………………….
Justice Viran Molisa Trief