Public Prosecutor v Rouard

 

 

1. This is the sentence of the above-named defendants, Mr.Gregory Rouard (Mr. Rouard), Mr. Joshua Namuli (Mr. Namuli), Mr. Anthony Misak (Mr. Misak), Mr. Johnny Tom Iwai (Mr. Iwai), Mr. Victor Tabisap (Mr. Tabisap)), Mr.Rex Steven (Mr. Steven), Mr. Willie Matua (Mr. Matua), Mr. Gael Remy Yorley (Mr. Yorley), and Mr. Yoan Obed (Mr. Obed).

 

2. On 07 April 2026, the following defendants entered guilty pleas on the following offences as contained in the respective charges of the Amended Information filed on 7 April 2026:

 

a. Mr. Namuli and Mr. Iwai pleaded guilty to the offence of theft, contrary to section 125 (a) of the Penal Code Act [CAP 135] (the “Act”) (count 1).

 

b. Mr. Misak pleaded guilty to the offence of accessory after the fact to theft, contrary to sections 34 and 125 (a) of the Penal Code Act (count 2).

 

c. Mr. Rex Steven and Mr. Yoan Obed pleaded guilty to the offence of robbery, contrary to section 137 of the Penal Code Act (count 3).

 

d. Mr. Tabisap and Mr. Matua pleaded guilty to the offence of complicity in robbery, contrary to sections 30 and 137 of the Penal Code Act (count 4).

 

e. Mr. Yorley pleaded guilty to the offence of receiving property dishonesty obtained, contrary to section 131 of the Penal Code Act (count 5).

 

3. On 7 April 2026, defendant Mr. Gregory Rouard entered not guilty pleas to the charges of theft and Robbery in counts 1 and 3 in the Amended Information.

 

4. A trial for Mr. Rouard was required.

 

5. The sentence of the other eight (8) defendants was adjourned pending the outcome of the trial of Mr. Rouard in counts 1 and 3.

 

6. A pre-trial conference was set on Friday 10 April 2026 for the preparation of the trial. The pre-trial conference was adjourned to 29 April 2026. On 29 April 2026 a trial of 8 days was fixed from 8 to 15 June 2026.

 

7. The trial did no longer happen because on 8 June 2026, Mr. Malcolm informed the Court that Mr. Rouard instructed him to change his initial pleas of not guilty to guilty pleas. On 9 June 2026, Mr. Rouard was re-arraigned, and he changed his not guilty pleas on counts 1 and 3 into guilty pleas.

 

8. On 9 June 2026, the Court issued sentencing directions for all the defendants; and the sentence of all the defendants is fixed on 28 July 2026; and that date is changed to 31 July 2026 as all the defence submissions on sentence are not filed in time.

 

 

9. On the 18th of June 2025, an official complaint was lodged against unknown person who stole a white Kia Bong 17611 at Mr. Fabrice Mauno house contrary to section 125 (a) of the Penal Code [Cap 135] and on the 29th of December 2025, an official complaint was lodged against unknown individuals for committing the offence of robbery contrary to section 137 of the Penal Code [Cap 135]. The unknown persons stole AUD 600,000 which was equivalent Vt 49,887,780.

 

10. Count 1 - Sometime in June 2025, the defendant Gregory Rouard had planned to rob Goodies / Western Union. The defendant Gregory Rouard needed a vehicle to pull of the heist. The first part of his plan was to find a vehicle. The defendant Gregory elicited the help of Joshua Namuli & Johnny Tom Iwai to steal a Kia Bongo registration 17611. The three defendants went to Mr. Fabrice Mauno’s house on the 18th of June 2025. They spent the evening outside the complainant’s house waiting for him to go to bed.  Late that night they went in and pushed the vehicle to the main road and took off with the vehicle. The defendants went for a joy ride that night. The defendants spent the next few days modifying the vehicle.

 

11. Count 2 – The vehicle was hidden at the defendant Anthony Misak’s house. The defendant Joshua told Misak that they stole the vehicle, and they left it at his house. The KIA Bongo vehicle was modified; the logo of the company was covered in paint; the windows were heavily tinted and the spare wheel under the vehicle was removed. Sometime in August 2025, defendant Misak got scared and dumped the vehicle at Tassariki area where it was later identified by the complainant. The complainant confirmed it was his vehicle despite the heavy modification done on the vehicle.

 

12. Defendant Gregory Rouard ‘s plan had been jeopardized and so he needed another vehicle. The defendant now elicited the help of Victor Tabisap, Rex Steven, Willie Matua and Yoan Obed. This was, then, the second part of Mr. Gregory Rouard’s plan to rob the goodies / Western Union’s money.

 

13. Count 3 – sometime before the 28th of December 2025, the defendant secured the minivan belonging to the defendant Willie Matua. The minivan was registered with the wife of defendant Willie Matua having its registration number 12613. On the 28th of December 2025, the defendants Willie and Yoan accompanied the defendant Gregory Rouard to a small area at Eton where they took the minivan into the bush and tinted the windows of the minivan. On the 29th of December 2025 in the early hours of morning the defendant Gregory Rouard picked up Rex Steven. The defendants Gregory, Rex and Yoan changed the registration plate number of the vehicle and attached a number plate containing the numbers 577. After that the defendants Gregory, Yoan and Rex went to Recycle Coop and waited for the defendants Victor and Willie to inform them of the status of the Goodies vehicle transporting the foreign currency to the airport. The other two defendants Willie and Victor were waiting opposite the Grand Hotel parking area waiting for the Goodies delivery truck to leave. Once the delivery truck left, the two defendants were to follow the truck and report to the defendant Gregory Rouard on their route to the airport.

 

14. On the 29th of December 2025 at 10 am, Mr. Lui who is employed as a Finance Officer at Western Union/Goodies, was scheduled to transport foreign currency from Western Union to the Airport. At about 10 am, Mr. Lui was accompanied by Ms. Tarimure who is employed as the Operations Manager at Western Union. Mr. Lui loaded 1 large suitcase and 2 small suitcases. The two small suitcases contained AUD 1 million dollars in cash. One suitcase contained AUD 600,000 dollars and the other small suitcase contained AUD 400.000 dollars.

 

15. The Western Union office is located opposite the Grant Hotel. Mr. Lui and Ms. Tarimure got in the vehicle registration no.27474, colour gray Nissan Navara double cab. They drove from the premises of Western Union and got through the CBD to Vila Distribution opposite Sound Centre to deliver a cheque. The two then left and went to ANZ Bank near Collardeau and Ms. Tarimure went to the Bank. Ms. Tarimure was in there for 15 minutes, after which they drove the back roads to the Airport.

 

16. At the Airport, Ms. Tarimure, told Mr. Lui to drive to the cargo area where the cash will be weighed. Mr. Lui drove to the cargo parking area and while trying to park the vehicle, he noticed a white minivan in the reverse to park on the left side of his vehicle. Mr. Lui thought the vehicle was owned by an airport staff, he then unlocked his door and opened it. Ms. Tarimure was still sitting in the vehicle when she noticed three individuals walking coming from behind their truck. Mr. Lui walked to the left side of his vehicle when he saw two masked men, in black uniforms with blue collar. One of the robbers was short and the other was tall. The tall unknown person was holding a rifle, and the short-unknown robber was pointing at Mr. Lui. They both walked up to Mr. Lui and the short person assaulted Mr. Lui. The assailant assaulted Mr. Lui and Mr. Lui ran through towards the back of the Minivan and yelled out “police police” and ran for the police post. One of the robbers came to the back door of the vehicle and opened it and took out one of the small suitcases and ran back into the van. The other robber held the gun and pointed it at Ms. Tarimure as she came out of the vehicle and was screaming, drawing attention. Ms. Tarimure saw the barrel pointed at her and the robber told her “yu no traem nomo”. Ms. Tarimure was scared for her life and she freezed up with her hands in the air. The next thing she knew, she heard the minivan taking off. Export Officer Benock was at the cargo terminal when he saw one of the masked men assaulting Mr.Lui and heard Ms. Tarimure scream. He saw three masked men in black uniform. One of them was holding a rifle covered in some kind of bag. He then saw the three men go into a white minivan with tinted windows.

 

17. Count 4 – The incident at the Airport was successfully executed because defendants Victor Tabisap and Willie Matua were tasked to wait outside the Goodies/Western Union and they monitored the movement of the delivery vehicle. At the time, they drove a Red Car, and they parked it outside the Grant Hotel area, and they were monitoring the movement of the goodies staff when they loaded the delivery vehicle with cash in foreign currency. When the delivery vehicle was gone, the two defendants (Victor and Willie) followed the delivery grey Nissan vehicle and reported back to defendant Gregory Rouard as to where the vehicle was.

 

18. Count 5 – On the 2nd of January 2026 around 7 pm, the defendant Gael Remy Yorkley was approached by the defendant Willie Matua. Defendant Willie Matua gave him a bundle of AUD dollars. The defendant Yorley knew the money had been stolen but took it and went home and hid it. During the investigations, police identified and arrested the following defendants, Mr. Gregory Rouard, Victor Tabisap, Rex Steven, Willie Matua, Gael Remy Yorley and Yoan Obed and were cautioned and interviewed. The defendants made admissions except the defendant Gregory Rouard. 

 

 

19. When I consider the sentence start point, I have regard to the following:

 

a) The maximum sentence that is available in law;

 

b) The aggravating and mitigating features of the offending;

 

c) Any guideline judgement (if any) from the Court of Appeal; and

 

d) Any comparative case from the Supreme Court.

 

20. So, regarding the offence of Robbery, contrary to section 137 of the Penal Code Act [CAP.135], the maximum sentence that is available is 25 years imprisonment.

 

21. For the offence of Theft, contrary to section 125 (a) of the Penal Code Act [CAP.135], the maximum sentence that is available is 12 years imprisonment.

 

22. For the offence of Receiving Property Dishonestly obtained contrary to section 131 of the Penal Code Act [CAP.135], the maximum sentence that is available is VT 5,000 - or 1-year imprisonment or both (under section 36 of the Interpretation Act [CAP.132]).

 

23. The following are the aggravating and mitigating factors of the offences:

 

 

i. It was a joint enterprise or group offending.

 

ii. There was a high degree of planning to commit Robbery at the Vanuatu Terminal Services, International Airport. The master mind behind these planning was done by defendant Gregory Rouard. Each offender played their role.

 

iii. The offending demonstrated sophistication and organisation.

 

iv. A riffle was used to commit the Robbery. Defendant Gregory Rouard held a rifle at the time of Robbery.

 

v. There was actual violence / assault used during the Robbery.

 

vi. Significant amount of cash was stolen. The total amount of cash stolen AUD 600,000 which is equivalent to VUV 49,887,780.

 

vii. People’s lives were at risk. There were actual threats of violence / actual threats to use the rifle. After that Lui was assaulted by one of the Robbers (Yoan Obed), he ran through towards the back of the Minivan and yelled out “police police” and ran for his life for the police, while Ms. Tarimure came out of the vehicle and was screaming to draw attention, Ms. Tarimure saw the barrel of the rifle pointed at her by defendant Gregory Rouard and defendant Rouard told her “yu no traem nomo”. Ms. Tarimure was scared for her life and she freezed up with her hand in the air.

 

viii. The Robbery resulted in some financial loss to the Fexco Vanuatu Limited as not all money stolen was recovered.

 

ix. A Robbery of this magnitude seriously impairs public safety and confidence.

 

x. The Robbery may have also adversely affect Vanuatu International reputation as a haven for tourism and investment.

 

 

i. It was a joint criminal enterprise or group offending.

 

ii. There was a degree of planning to commit Theft of the KIA Bongo.

 

iii. The Master Mind Behind the Theft was done by the defendant Gregory Rouard. Each offender played their role.

 

iv. The offending occurred at night at the residence of the victim in Pango area. 

 

v. The victim was asleep in his house when the offending happened. The defendants waited outside the victim’s house for the victim to sleep. When the  

victim was asleep, they unlawfully entered his yard and took his KIA Bongo away from him without his permission.

 

vi. The KIA Bongo was altered/changed and was unrecognisable to the owner.

 

 

i. AUD 582, 650 equivalents to VUV 48,717,266 of the stolen funds were returned.

 

24. The Prosecution submits that the lead offending in section 137 (Robbery) of the Penal Code Act which carries a maximum sentence of 25 years imprisonment. The Prosecution further says that the offending is serious, involving deliberate dishonesty, the unlawful deprivation of the property, and, in the case of robbery, violence or threat of violence against other people. Such an offending undermines public confidence in personal safety and property rights and warrants a sentence that reflects the principles of punishment. The Prosecution submits also that the same starting point should be given to each of the defendants. That starting point should be a custodial sentence given the seriousness of the offence and the aggravating factors. This is not wrong in principle to adopt the same starting point for all defendants but an allowance should be made to reflect the nature of their participation in the commission of the offence(s) and their overall culpability as seen in the Judgement of the Court of Appeal in Roney -v- Public Prosecutor [2017] VUCA 23.

 

25. The Prosecution submits for the following comparative case authorities to assist in identifying the starting point and possibly the final sentencing range and in particular turning to the lead offence of robbery:

 

 The case of Public Prosecutor -v- Jimmy [2020] VUSC 208. In this case there were four defendants. Two of the defendants were charged with Robbery and intentional assault causing permanent injury and the other two defendant were charged with complicity to robbery. The offending occurred around 4am in the residence of Mr. Charles Pierce. The defendant threw rocks at the victim; one of the defendants repeatedly used a slingshot to shoot the victim in the face. The defendant stole an electric fan, electric saw, an aluminum frying pan, a big macocot, an electric planer and a mirror. The leaned Judge gave the following starting point for each of the offences committed by each of the defendants. A starting point of 7 years for the offence of Robbery. A starting point of 4 years of the offence of Intentional Assault causing permanent injury. One of the accomplices received a starting point of 5 years and the other a starting point of 4 years for the offence complicity to Robbery.

 

 Another relevant case authority is the case of Public Prosecutor -v- Kilton [2003] VUSC 111. There were 7 defendants, one of the defendants was charged with unlawful entry, Intentional assault causing permanent injury and Robbery. Another defendant was charged with inciting unlawful entry, inciting robbery and receiving stolen property. The other remaining defendants were charged with receiving stolen property. In this case the defendant’s main offender stole money more than 2 million, the defendant assaulted the victims, blindfolded them and tied their hands and left them. In considering the most serious offence, the Learned Judge gave a starting point of 5 years imprisonment for the offence of Robbery. Other defendants were ordered to pay back the money that they received from defendant Kilton.

 

 Another case to consider is the case of Public Prosecutor v Andre [2012] VUSC 120 the accused persons attacked at 79-year-old women tied her up, assaulted and stole more than 3 million Vatu. The starting point of 7 years imprisonment for Robbery and 6 years imprisonment for Theft, the Court then sentenced the defendant to 5 years and 8 months imprisonment. 

 

26. The Prosecution submits the following sentences for each of the defendants:

 

a. The defendant Gregory Rouard - for the offences of Theft (count 1) and Robbery (count 3), the Prosecution submits that the lead offence is the offending in count 3. The Prosecution submits that a global starting point of 7- 9 years of imprisonment is appropriate.

 

b. The defendant Joshua Namuli - for the offence of Theft (count 1). The Prosecution submits that a starting point should be 6 months to 12 months imprisonment.

 

c. The defendant Anthony Misak - for the offence of accessory after the fact of Theft (count 2). The Prosecution submits that the starting point should be 1 month to 3 months imprisonment.

 

d. The defendant Johnny Tom Iwai - for the offence of Theft (count 1). The Prosecution submits for a starting point of 6 months to 12 months imprisonment.

 

e. The defendant Victor Tabisab – for the offence of Complicity to Robbery (count 4). The Prosecution submits that the starting point should be of 3 years to 5 years imprisonment.

 

f. The defendant Rex Steven – for the offence of Robbery (count 3). The Prosecution submits that the starting point should be 4 years to 6 years imprisonment.

 

g. The defendant Willie Matua – for the offence of complicity to Robbery (count 4). The Prosecution submits that the starting point should be 3 years to 5 years imprisonment.

 

h. The defendant Gael Remy Yorley – for the offence of Receiving Property Dishonestly Obtained (count 5). The Prosecution submits that the starting point should be 1 month to 3 months imprisonment.

 

i. The defendant Yoan Obed – for the offence of Robbery (count 3). The Prosecution submits for a starting point to be of 4 years to 6 years imprisonment.

 

27. Mr. Malcolm makes the following submissions on behalf of defendant Gregory Rouard: 

 

i. No dispute is raised with the 3 disputed facts other than that he did not hold the empty firearms.

 

ii. There was no intention or plan to anyone, assault anyone and Mr. Rouard apologises. 

 

iii. There is no serious dispute with personal position of Defendant Mr. Rouard:

 

a. He is married.

b. He has 1 child.

c. He has no previous convictions.

d. He has the support of his local community.

 

iv. As stated by the Probation officer in the Pre-sentence Report, Mr. Rouard has accepted responsibility and will face whatever sentence the Court imposes and trusts that the same will be fair and reasonable.

 

28. Mrs. Karu makes the following submissions on behalf of the six defendants she represented - Victor Tabisap, Willie Matua, Joshua Namuli, Anthony Misak, Johnny Tom Iwai and Gael Remy Yorley:

 

29. Mrs. Karu submits that this case consists of two (2) different incidents:

 

i. The first one involves Gregory Rouard and the defendants Joshua Namuli, Johnny Tom Iwai and Anthony Misak.

 

ii. The second incident involved Gregory Rouard and the defendants Victor Tabisap, Willie Matua, Remy Gael Yorley, Rex Steven and Yoan Obed.

 

30. She accepts the case authorities relied upon by the Prosecution as relevant for the court to consider in determining an appropriate sentence start point. She further concedes that the approach in the case of Rony -v- Public Prosecutor [2017] VUCA 23, as suggested by the Prosecution, should be adopted.

 

31. She submits that a starting point for each of the defendants she represented should be as follows: 

 

i. Joshua Namuli and Johnny Tom Iwai, a start point for Theft in count 1 should be 6 – 12 months imprisonment. 

 

ii. Anthony Misak, a start point for accessory after the fact to Theft in count 2, should be 1 – 3 months imprisonment.

 

iii. Victor Tabisap and Willie Matua, a starting point for complicity to Robbery in count 4, should be 3 years imprisonment.

 

iv. Gael Remy Yorley, a start point for Receiving Property Dishonestly Obtained should be 1 – 3 months imprisonment.

 

32. Mrs. Malites submits as follows on behalf of the defendants, Rex Steven and Yoan Obed: 

 

i. She accepts the amended summary of facts dated 7 April 2026 filed by the Prosecution in support of the offence of robbery in count 3. However, she submits that the degree of each defendant’s participation is relevant when assessing their culpability and the appropriate sentence based on Rony -v- Public Prosecutor [2017] VUCA 23.

 

ii. Defendant Yoan Obed was involved in the Robbery offence by assaulting Mr. Lui and Defendant Rex Steven was involved by removing the money contained in the small suitcase.

 

iii. She submits for a sentence start point of 4 years imprisonment for each of the two defendants. She also accepts that the case of Public Prosecutor -v- Kilton [2003] VUSC 111 is a relevant sentencing comparative case.

 

33. In the present case, I consider the prosecution submissions and the submissions made by respective defence counsel on the sentences start point, and in particular, in the robbery offence. I note that the cases referred to this Court (Public Prosecutor v Jimmy [2020] VUSC208; Public Prosecutor v Kilton [2003] VUSC 111 and Public Prosecutor v Andre [2012] VUSC 120) are about offences of robbery committed against individuals in their residence. The robbers used rocks and slingshot on the victim (Jimmy’s Case), while in the other two cases the robbers physically assaulted the victims, which led to the theft of properties, including an amount of 2 million vatu. The sentences start point given by the Court were 5 years and 7 years imprisonment. I sense that that is the basis of the prosecution’s submission on the sentence start point between 7 to 9 years imprisonment in this case. 

 

34. The circumstances of the present case are notably different from the cases referred to the Court above. The seriousness of this type of offending is also reflected in the Penal Code Act. Apart from the offences the maximum sentence is life imprisonment, the offence of robbery and terrorist offence are the only other offences the maximum sentence is 25 years imprisonment. No other offence in the Penal Code Act has this maximum sentence. The sentence of the Court must reflect the seriousness of this type of offending. Targeting businesses with weapons warrant custodial penalties because these businesses lack advanced security systems and rely heavily on deterrence. The present case is about a hold-up security truck or vehicle transporting money with firearms, but, where no serious injury, like in this case was caused, a sentence between 12 - 15 years’ imprisonment is appropriate, but not as submitted by the prosecution. I will now consider the appropriate sentence start point for each defendant.

 

i. The defendant Gregory Rouard for the offences of Theft and Robbery in counts 1 and 3 – He is the main offender, the architect of both offences of theft and robbery. I adopt a global starting point for defendant Gregory Rouard’s offending. The lead offence in the offending is the offence of Robbery in count 3. Here, I set a sentence start point of 12 years imprisonment for defendant Gregory Rouard on his over hole culpability of the offending. 

 

ii. The defendant Joshua Namuli for the offence of Theft in count 1 - He is involved with the theft of KIA Bongo when they get to the victim’s house.  It was a joint enterprise at night with unlawful entry into a private yard, though this defendant was not the mastermind behind this offence. I set a starting point of 3 years imprisonment. 

 

iii. Defendant Anthony Misak for the offence of accessory after the fact to theft in count 2 - He was informed about the theft, and he was in possession of the KIA Bongo. I set a starting point of 1 year and 6 months (18 months) imprisonment. 

 

iv. The defendant Johnny Tom Iwai for the offence of Theft in count 1 - He is involved with the theft of the KIA Bongo when they get to the victim’s house. It was a joint enterprise at night with unlawful entry into a private yard, though this defendant is not the mastermind of this offence. I set a starting point of 3 years imprisonment.

 

v. Defendant Victor Tabisap for the offence of complicity to Robbery in count 4 - He was in a red vehicle with defendant Willie Matua following the transport truck carrying cash and notifying the other defendants of their movements. I set a starting point of 6 years imprisonment.

 

vi. Defendant Rex Steven for the offence of Robbery in count 3 - He was involved in Robbery at the Terminal area by removing the cash. I set a starting point of 9 years imprisonment.

 

vii. Defendant Willie Matua for the offence of Complicity to Robbery in count 4 - He was in the red vehicle with defendant Victor Tabisap following the transport truck carrying cash and notifying the other defendants of their movements. I set a starting point of 6 years imprisonment.

 

viii. Defendant Gael Remy Yorley for the offence of Receiving Property Dishonestly Obtained in count 5 - He had received from the defendant Willie Matua a bundle of money in Australian Dollars. I set a sentence start point of 1 year (12 months) imprisonment.

 

ix. The defendant Yoan Obed for the offence of Robbery in count 3 - He was involved in Robbery in the Terminal area and assaulted Mr. Lui, the driver of the transport. I set a starting point of 9 years imprisonment.

 

 

35. I now consider the personal and mitigating factors in respect to each and all defendants and their respective end sentences:

 

 

36. Mr. Rouard, you are a 29-year-old man originally from Sulphur Bay in the White Sands area of Tanna Island. You currently reside at Malapoa Estates area in Port Vila. 

 

37. You live under the care and guidance of your father, Mr. Silas Yatan Rouard.

 

38. In terms of your education, Mr. Rouard, you explained that you completed your primary and secondary    education at Lycée LAB and Lycée de Montmartre in Vanuatu before continuing your studies in New Caledonia, where you completed an additional year of education. Upon returning to Vanuatu, you pursued and completed a Mechanical Automotive course at the Vanuatu Institute of Technology (VIT).

 

39. As a result of your training and experience, you have acquired skills in automotive mechanics and the operation of heavy machinery, including bulldozers, excavators, rollers, and other equipment. You also possess sporting abilities, having previously represented Vanuatu as a member of the national under-17 football squad.

 

40. Mr. Rouard, you further advised that, you served in the French Army for five years, from 2016 to 2021, participating in peace keeping operations in regions including Lebanon, Syria, and Israel. You are currently employed in your family’s business, which provides consulting services related to citizenship programmes, and relies on this employment as your primary source of income.

 

41. You are married and have a four-year-old daughter. You also disclosed that you have a son in Papua New Guinea from a relationship outside of your marriage. You stated that your daughter and your wife depend on you financially, although your wife is also employed.

 

42. Furthermore, you are the eldest child in a family comprising four brothers and one sister. You described Your relationship with your siblings and other family members is positive and harmonious.

 

43. Mr. Silas Yatan Rouard is your father. He spoke favourably of you, describing you as educated, disciplined, and responsible. Your father explained that he has been preparing Gregory Rouard to succeed him and potentially contest future general elections on Tanna Island. He further stated that the offending behaviour was out of character for you and inconsistent with values you have demonstrated throughout your life. According to your father (Mr. Silas Yatan Rouard), you acknowledged your wrongdoing and personally sought forgiveness by presenting kava and a rooster as part of a customary apology to him (your father).

 

44. Chief Silas Namatak described you as a helpful and active member of the community who regularly contributes to community activities and development initiatives. 

 

45. You are in good health; you reported that you do not suffer from any known medical conditions. You are a member of Catholic Church, although you attend church services only occasionally.

 

46. In terms of offending, you pleaded guilty to both offences and did not dispute the Prosecution’s Summary of Facts. You are a first-time offender.

 

47. You explained to the Probation Officer that your involvement in the offending arose from frustration concerning the poor currency exchange rates received by yourself and your co-ffenders following your return from overseas.

 

48. That explanation cannot be accepted by the Court because your frustration does not justify you taking the law into your hands to do justice to yourself.

 

49. You were remanded in custody on 14 January 2026 and were released on bail on 8 April 2026 while awaiting sentence.

 

50. You acknowledged that the theft of the White Kia Bongo vehicle on 15 June 2025 was carried out for   the purpose of facilitating the robbery that occurred on 29 December 2025.

 

51. As to the money stolen, the report said neither you nor your co-offenders had used any of the money obtained through the offending, as the police recovered the money stolen. However, not the total amount of the money stolen was recovered.

 

52. You intend to perform custom compensation ceremony, but none of the victims wanted your custom compensation ceremony.

 

53. You express remorse, you stated that you are sincerely sorry for your actions and deeply regretted your involvement in the offences. You conveyed your apologies and advised that the experience has served as a significant lesson, assuring the writer of the report that you have no intention of engaging in criminal behaviour in the future.

 

54. You further acknowledged the impact of your actions on your family, community, and reputation. You accepted full responsibility for your conduct and stated that you are prepared to face the consequences of your actions.

 

55. In addition to the pre-sentence report filed on your behalf, filed on 10 July 2026, I have also taken time to read and consider the following letters which are attached to your pre- sentence report: 

 

• Your own letter to me (Your humble servant) dated 02 July 2026. You said, among other matters, that you will accept whatever decision of the Court. 

 

• The letter of your wife, Annais Rouard, dated 29 June 2026.

 

• The letter of your chief, chief Namatak Silas of Tanna community at Blacksand Area dated 18 June 2026.

 

• And the letter of your mother (Manlyne Bollen) dated 19 June 2026.

 

56. I now give you the following discount allowances for your personal mitigating factors to your sentence start point of 12 years imprisonment:

 

• You have entered guilty pleas – the guilty pleas are not taken at the first-time opportunity given to you by the authorities. You are not entitled to a full One-Third discount allowance (33%). A trial of 8 days was fixed from 8 April to 16 April 2026. At the start of the trial, you decided to change your not guilty pleas into guilty pleas. I am giving you a discount allowance of 30% (43 months).

 

• For your other mitigating factors, I am giving you an allowance of 6 months.

 

57. Your sentence of 12 years (144 months) imprisonment is reduced to 8 years imprisonment.

 

58. You were remanded in custody on 14 January 2026 and released on bail on 8 April 2026. You have served a total of 2 months and 26 days in pre-custodial period, which is an effective time of 5 months and 22 days already spent in custody. This time will also be deducted from your sentence start point. 

 

59. Your sentence is finally reduced to 7 years 5 months and 8 days imprisonment. This is your end sentence.

 

60. I am considering whether I should suspend it. I consider the nature and circumstance of this case and your character as the offender under section 57 of the Penal Code Act; I decline to suspend it. There is no exceptional circumstance to justify a suspension.

 

61. You are ordered to serve this sentence of 7 years, 5 months and 8 days imprisonment with immediate effect.

 

 

62. You are 17 Years old and you are from Tanna Island, White Sands area. You come from a family of eight children and you are the youngest. You are currently living with your Uncle who provides you with care and support.

 

63. You attended Victory school from kindergarten to year 7 but were unable to continue your education due to financial difficulties following the death of your mother in 2019. You explained in the pre-sentence report that your father left the family when you were a baby, and after your mother’s passing, your uncle became your primary caregiver. You stated that you did not attain any form of skilled qualification from any training institution. 

 

64. You have practical skills in gardening and have also acquired basic mechanical skills. Your uncle Mr. Kevin Massing described you as a hardworking and respectful young man. Your uncle explained that following your mother’s passing, you come under his care. However, your uncle noted that you can be influenced by your peers, particularly when associating with the wrong group of friends, making you more difficult to supervise and control. Your uncle said you changed a lot when you were given conditions during your bail.

 

65. Your chief, Mr. Tom Iwai described you as a young man who often fails to listen to advice. Your chief stated that you are frequently involved in peer group activities in the Blacksand area, which he believes has negatively influenced your behaviour. The chief further expressed his willingness to support you throughout any sentence the Court may impose.

 

66. You are a single young man; you do not have physical or mental issues. You are an ordinary member of your community. You do not have dispute with any member of the community. You attend the Presbyterian church services at Blacksand area. You stated You go often to church.

 

67. In terms of your offending of theft in count 1, you committed that offence when you were 16 years old.

 

68. You are a first-time offender with no previous history. You agreed with the prosecution brief facts.

 

69. In explaining your involvement in the offending, you accepted committed the offence. You stated that you know Gregory Rouard because you work for Gregory’s father. Your explained that on the day of the offence, you were at home when Gregory and his brother come to pick you up. They told you that you were going diving. You stated that when you arrived at the destination, you realised that something was wrong, but by then you were already involved. You said you agreed with the prosecution brief of facts and you expressed remorse for your actions. You informed the Probation Officer that you regretted following Gregory and becoming involved in the offence. You stated that this is the first time you have been involved in such criminal behaviour and you are determined that it will also be the last. You expressed your commitment to changing your behaviour and making better decisions in the future.

 

70. You were willing to make a custom compensation ceremony but there was no custom compensation in this case. You said that you will comply with any sentence the Court imposes.

 

71. In your sentencing, I give you the following discounts: 

 

72. I will give you a full discount of One -Third (33%) for your early guilty pleas (12 months).

 

73. I give you 6 months for your other mitigating factors excluding your youth. 

 

74. I allow you another 4 months deduction to reflect your youth and immaturity at the time of offending (as you were 16 years old – were influenced by defendant Gregory Rouard).

 

75. Your sentence is further reduced to 14 months (1 year 2 months) imprisonment.

 

76. You were remanded in custody for a period of 3 weeks and 4 days – from 3 January 2026 to 30 January 2026 before you were released on bail waiting for sentence. This is equivalent to 6 weeks and 8 days of time already spent. This time already spent must be deducted in your favour.

 

77. Your sentence is finally reduced to 1 year, 1 month and 20 days imprisonment. This is your end sentence.

 

78. I am considering whether I should suspend this imprisonment sentence. I decided to partly suspend your sentence of 1 year, 1 month and 20 days imprisonment. I made an order that you serve 10 months of that sentence immediately and the other part will be suspended for a period of 2 years. During the suspension of the second part of your sentence, you shall be crime free – you must not re-offend. If you re-offend during the suspension of the second part of your sentence, the balance of your sentence, which is 3 months and 20 days imprisonment shall be re-activated, and you shall be dealt with in accordance with the law in respect to the new offending.

 

 

79. Anthony Misak, you are 29 years old, originated from Yakapen village south Tanna. You come from a family of seven (7) and that you are the youngest in the family. Your parents were separated when you were a child, thus, you were raised by your older siblings and mother. Your mother joined the Seasonal Workers Scheme back in 2020 and has not returned to Vanuatu yet, she has lived in Australia for the past six years.  

 

80. You were in a defector relationship with a woman, and you had two children age 10 and 6 years old, however, due to this offending, you were no longer living together, your partner now resides back in Tanna. 

 

81. In terms of educational background, you completed only your primary education (class 1-year 7), then attend two years at Rural Training Centre (RTC) where you gain knowledge around Automotive and Mechanic.      

 

82. You stated that your main skill is mechanic and that is where you gain your finance from to support your family. You are self – employed; you have a small garage of your own where you work most of the time and you were also a bus driver from time to time.  

 

83. You have good relationship with your family and your community in the Prima area.

 

84. Your eldest sister, Ms. Ruth Misak, stated your behaviour at home is alright as you have good relationship with your siblings, however, you were always caught up with the wrong groups of people every time, this led you to this offending.

 

85. You have no major health issues; you are a member of Bahai Faith. 

 

86. As to the offending you agree with the brief of facts of the Prosecution. You are not a first- time offender. You were previously charged with 1 count of intentional assault causing permanent injury back in 2011 (CRM: 2899/2016). You were sentenced to 2 years suspended sentence. I take note of it but it is not similar type of offending.

 

87. You stated you had no idea that the vehicle that Johnny Tom Iwai and Joshua Namuli Come and leave it in your yard and was stolen. You stated that you were told by them to put dark tinted glass on both vehicle windows.

 

88. You stated that late in the afternoon when Johnny Tom Iwai and Joshua Namuli dropped off the vehicle for you to work on, a day later you heard rumors of the vehicle that matches the description of what you had in your garage, thus, made you very frightened and that you took the vehicle and dropped it at Tasiriki.

 

89. You are very sorry about what happened and that you should have informed the police.  However, due to your previous criminal records you find it hard to go to the police.

 

90. You make no custom compensation ceremony to the victim, and you express no intention of doing so as you do not know the owner of the KIA Bongo vehicle. 

 

91. I give you a discount allowance of a full One-Third for your early guilty plea (33%) to your sentence start point of 1 year and 6 months imprisonment (6 months).

 

92. I am giving you another discount allowance of 6 months for your other mitigating factors.

 

93. Your sentence is reduced to 6 months imprisonment.

 

94. You were remanded in custody and released on bail waiting for sentence on 28 January 2026. This shows that you have spent 3 weeks and 4 days in custody which is an effective period of 6 weeks and 8 days already spent in custody. The time already spent shall be deducted to your sentence start point.

 

95. Your sentence is finally reduced to 4 months and 10 days imprisonment. This is your end sentence.

 

96. I am considering whether I should suspend that sentence. I decided I will suspend this sentence of 4 months and 10 days imprisonment for a period of 2 years. During the suspension of your sentence of 4 months and 10 days imprisonment, you must not re-offend. If you re- offend your sentence of 4 months and 10 days imprisonment shall be re-activated and you shall also be dealt with for the new offence.

 

97. In addition, you are ordered to perform 50 hours of Community Work.

 

 

98. You are 27 years old. You are from Tanna Island, Whitesand area. You reside at Blacksand area in Port Vila.

 

99. You attended Kindergarten to class 5 at Mele Maat primary school. You continued your class 6 to class 8 at Vila North school. You attended year 9 to year 10 at Ifira school but You could not pursue your secondary level due to financial difficulties. You attended the Maritime College in Santo and you obtain a certificate. You also attended short courses on violence against women and trainings on CST (Community Safety Team) at the chief’s nakamal.

 

100. You stated that one of your main skills is gardening. You have also acquired sports skills. You wish to continue your studies at the Maritime College in Santo to gain additional qualifications. You said you are aspiring to become a ship captain. 

 

101. Your father described you as a quiet, respectful and responsible person in the community.  He stated that you are a helpful person and whenever the community needs assistance, you are always ready to assist. He stated you participate well in the community work, and you look after your family well also.

 

102. You said you have no mental issues. You are a construction worker at Van Corp Company where your finances are attained to support your family. Your partner also works at the New Sight shop in Tagabe Mall.

 

103. You are a first-time offender with no previous offending history. You accepted the prosecution brief facts.

 

104. In respect to the offending, you stated that you had no knowledge about the vehicle. You explained that one evening, while you were drinking Kava, Gregory arrived and picked you up with Joshua Namuli. Gregory told you that you are all going diving, and you noticed there were diving gears loaded at the back of the truck. You stated that when you arrived at the location, you saw the Bongo truck, and you were informed that they were to start it and dropped it off at Rainbow Garden. After the vehicle was delivered, you said you became unsettled because you knew it was illegal to steal or take a vehicle that did not belong to them. 

 

105. You stated that you told Joshua to move the vehicle to another location. You stated that, 

without Gregory’s permission, you and Joshua took the vehicle and left it at Tasiriki.

 

106. You acknowledged that these actions were unlawful and against the law. You expressed remorse for your involvement in the offence, and you are sorry for what you did.

 

107. You said there is no custom compensation ceremony, but you intend to do one if there is an opportunity.

 

108. In this case, I give you a discount allowance of a full One-Third (33%) for your early guilty pleas on your sentence start point of 3 years imprisonment (12 months).

 

109. I give you another discount allowance of 6 months for your other mitigating factors. 

 

110. Your sentence is reduced to 18 months, i.e., 1 year 6 months imprisonment.

 

111. You were remanded in custody from 3 January 2026 to 30 January 2026 which is a period of 3 weeks and 4 days. This is an effective time spent of 6 weeks and 8 days in custody. The time already spent in custody must be deducted from your sentence start point.

 

112. Your sentence is further reduced to 1 year, 4 months and 10 days imprisonment. This is your end sentence. 

 

113. I am considering whether I should suspend this sentence of 1 year, 4 months and 10 days imprisonment. I decided to partly suspend this sentence. I have decided that you will serve 10 months’ imprisonment immediately while the balance of your sentence is suspended for a period of 2 years. During the period of the suspension of the second part of your sentence, you shall be crime free. You must not re-offend. If you re-offend during the period of the suspension of the second part of your sentence, then, the balance of that sentence which is 6 months and 10 days shall be re-activated, and you shall also be dealt with for the new offence according to law.

 

 

114. Mr. Tabisap, you are 28 years old and you come from Melsisi Village, Central Pentecost. You come from a family of four (4) and you are the youngest in the family. Both your parents (father and mother) were deceased, and you reside with your elder sister Junita Tabisap at Freshwota Five (5) area. You stated that you were in a defector relationship with a partner and you have a one-year-old daughter.

 

115. You have completed your primary and secondary education (class 1 year 10), then undertook a cooking course, however, you were not able to complete the course due to the death of your father.

 

116. You said your main skills are mechanic, driver and cooking. Your aim is to buy some land for yourself and your family. You are a bus driver, and you support your family with what you earned as a bus driver.

 

117. You have good relationship with your siblings, and you participate in the community activities at Fresh Wota Five (5) area.

 

118. Your eldest sister, Junita Tabisap, stated that you are her younger brother. You are very hard-working young man, very honest one too and you help a lot in taking care of your nieces and nephews. She stated that she was very shocked to hear what had happened, however, she knows that it was your friend’s peer pressure that contributed to you committing the offence. She further stated that she has seen a lot of changes in your behaviour now and she knows that you have learnt a lesson that you will never forget.

 

119. Chief Elias Tabi stated that you are a very helpful young man in the community and contribute very well when asked by the community. He is ready to support you if the Court sentence you with a community-based sentence. 

 

120. You stated you have good health condition. You are a member of the Catholic church.

 

121. In respect of the offending, you accept the Prosecution brief of facts, and you pleaded guilty at the first opportunity.

 

122. You are a first-time offender – you knew the co-offenders as you stated you were once schoolmates at the Lycée de Montmartre. You informed the writer of the pre-sentence report that Mr. Gregory Rouard has convinced you that the money that you all took would help you buy a bus that you could run your own business with rather than working for a different people. You stated that with all those promises and plans led you to the offending.

 

123. You further stated that after the offence happened just some hours later, you began to regret your actions and know that the police will soon arrest all of you.

 

124. You stated you are very sorry about what happened and you deeply regret joining the group in the first place and that now you and your family had to face the consequences of your actions.

 

125. It is said that peer pressure may be the contributing factor to your offending; you also expressed your interest in undertaking community-based sentences.

 

126. You stated that you did not perform a custom compensation ceremony, but   you intend to do one if the victim accepts this.

 

127. In this case, I give you a discount allowance for your early guilty pleas of a full One-Third (33%) of your sentence start point of 6 years imprisonment (24 months).

 

128. I give you another allowance of 6 months for your other mitigating factors.

 

129. Your sentence of 6 years imprisonment is reduced to 42 months (3 years and 6 months) imprisonment.

 

130. You have spent time in custody from 3 January 2026 to 28 January 2026 (a total period of 3 weeks and 4 days) when you were released on bail awaiting sentence. The time already spent was an effective time of 6 weeks and 8 days in custody which must be deducted from your sentence start point.

 

131. Your sentence is finally reduced to 3 years, 4 months and 10 days imprisonment. This is your end sentence.

 

132. I am considering whether I should suspend this sentence of 3 years, 4 months and 10 days imprisonment. I consider the nature and circumstances of the offending, you character as an offender, I decline to suspend it as there is no exceptional circumstance to justify a suspension of this sentence.

 

133. You are ordered to serve this sentence of 3 years, 4 months and 10 days imprisonment with immediate effect.

 

 

134. Mr. Steven, you are 30 years of age, and you come from Belong Village, Maskelines, Malekula island. You reside currently in the Teouma Valley area, Port-Vila. You reside under the guardianship of Mr. Wallace Steven who is your father’s younger brother. Your mother passed away and your father resides with your stepmother on the island of Santo.

 

135. You are a year 8 leaver from Kamewa Primary school on the island of Santo. You left school earlier because you consumed alcohol liquor at your early age and your father decided against it. You were employed with the Copra & Cocoa Export (VCCE) Limited in Santo.  You acquired skills in this area including carpentry and barber. Your aim is to have a good family and acquire a piece of land.

 

136. You are currently working as a barber at a Barber shop at Korman area where you earn money to sustain your livelihood. Prior to that work, you have been involved in the RSE Scheme, and you have travelled two (2) seasons.

 

137. You came from a family of five (5) siblings, and you are the second eldest. You have a good relationship with your siblings and family.

 

138. Mr. Wallace Steven stated you are a good person and a very helpful son towards your family. Mr. Wallace stated that his younger children look up to you, Mr. Steven, as their older brother and benefited from you through financial support. Mr. Wallace stated further that this is not your usual behaviour but he believed that you have realized your mistake.

 

139. You are a single person, but you have a son in a prior relationship with a woman on the island of Santo.

 

140. You stated you do not have health condition. You are a member of Presbyterian church but you attend church occasionally. 

 

141. You are a first-time offender. You accept the Prosecution summary of facts.

 

142. In terms of the offending, you stated that this offending was stirred from your frustration of the poor exchange rate during your return from abroad after earning income from seasonal work program. You blamed the Fexco Company for consuming huge amounts of your monies during the exchange transactions.

 

143. This blame and frustration cannot be accepted by this Court. You cannot take the law into your own hands and do justice to yourself.

 

144.The report shows that no custom compensation ceremony could be performed despite your good intention.

   

145. In this case, I will give you the following discounts:

 

146. I give you a full One-Third discount for your early guilty pleas (33%) to your sentence start point of 9 years imprisonment (36 months).

 

147. I will give you another 6 months’ discount for your other mitigating factors.

 

148. Your sentence is reduced to 66 months (5 years and 5 months) imprisonment.

 

149. You were remanded in custody on 06 January 2026 and released on bail awaiting sentence on 04 April 2026.  You have spent a total of 2 months and 8 days which is an effective time already spent of 4 months and 16 days in custody. This time has to be also discounted from your sentence of 9 imprisonment.

 

150. Your sentence is reduced to 5 years and 14 days imprisonment. This is your end sentence.

 

151. I consider whether I should suspend this sentence of 5 years and 14 days imprisonment. I consider the nature and circumstance of this offending and your character as the offender; I decline to suspend it. There is no exceptional circumstance to justify suspending this sentence imprisonment.

 

152. You are ordered to serve this sentence of 5 years and 14 days imprisonment with immediate effect.

 

 

153. You are 32 years old. You come from Ikity Village, South of Tanna Island. You come from a family of three (3) and you are the eldest in the family. You reside at Club Hippique area, Port-Vila.

 

154. You attended Kindy to year 7 at Saint Joseph Primary school in Port-Vila. You continued your year 8 to year 12 at Lycée de Montmartre, Port-Vila. You failed your exams and you went straight to USP courses due to financial matters. 

 

155. You have also taken courses at Computer and Network Services (CNS) and have obtained a certificate. You also were involved as a volunteer at Youth Challenge and a former intern student at OGCIO which is now the Department of Communication and Digital Transformation. You further worked at the Live and Learn organization as a Hygiene Promotion Officer. You specified that due to COVID, you stopped working and have found an opportunity to travel abroad under the Seasonal Workers Schemes Program. You stated that your aim is to set up a personal business in IT so that you can be self- Employed and support your family financially.

 

156. You are an ordinary member of the community. You participated well in the community works and church activities as well.

 

157. You do not have physical mental issues. You are in a defacto relationship with your Partner, Ms. Mary Iata. You both have two (2) children. A six-year-old who is in class one and your youngest is 2 years old.

 

158. Mr. Matua Kawiel described you as a quiet, respectful, and responsible person in the community. Mr. Matua Kawiel described you as a helpful father who takes loving care of your children. Mr. Kawiel states he is willing to support you with your community-based sentence, should the Court see it fit.  

 

159.Your presiding Pastor, Pere Laurent informed that he heard about the offending you had caused. Pere Laurent described you as a quiet boy and that this offending was your first time. You told Pere Laurent that you had learned a big lesson out of this offending. Pere Laurent stated that he encouraged you to refrain from trouble and to always do what is right. Pere Laurent believed that you need to undertake spiritual counselling to guide your life.  

 

160. You are a self-employed person. You are currently a Kava seller, and you earn money to support your family. Your partner is employed at Au Bon Marché Company. She supported you and the children. You attended Catholic church and you go to church often.

 

161. You are a first-time offender with no previous offending history. You accept the summary of Prosecution facts.   

 

162. In term of your offending, you pleaded guilty, you explained that you joined the group because you believed Mr. Gregory Rouard had good business ideas. You claimed that it was those business initiatives that attracted you to the group. You also stated that you were under the influence of alcohol and recovering from a hangover from the previous night when you were awakened and asked to participate in the robbery.

 

163. The report writer identified that your intoxicated state at the time could have been contributing factor that led to your offending. It was also assessed that your decision-making and wrong groupings were also a factor contributing to your involvement in the offence.   

 

164. You acknowledge that your decision to become involved was wrong; and you accepted responsibility for your actions. You are sorry and regretted your unlawful actions.    

 

165.You intended to perform custom compensation ceremony, but none was performed.

 

166. I give you the following discounts to consider your personal and mitigating factors.       

 

167. You are entitled to a full One-Third (33%) for your early guilty pleas (24 months).

 

168. I will give another discount of 6 months to reflect on your other mitigating factors.

 

169. Your sentence is reduced to 42 months (3 years and 6 months) imprisonment.   

 

170. You have spent time in custody from 6 January 2026 to 30 January 2026 when you were released on bail awaiting sentence. This is a total of 3 weeks and 1 day already spent. This was equivalent to an effective time spent in custody of 6 weeks and 2 days, which must be deducted from your sentence.     

 

171. Your sentence is finally reduced to 3 years, 4 months and 16 days imprisonment.

 

172. I consider whether to suspend this sentence of imprisonment. I consider the nature and   circumstances of this offending and your character as the offender, I decline to suspend it. 

 

173.You are ordered to serve this sentence of 3 years, 4 months and 16 days imprisonment with immediate effect.

 

 

174. Mr. Yorley, you are 30 years old, and you come from Walarano, Northeast of the island of Malekula. You came from a family of six (6) and that you are the youngest of the family, you live in a defacto relationship with a woman and you both have three (3) children, aged from 11 years old to one year old. You have good relationship with your siblings, parents and your community.

 

175. You have completed both your Primary and Senior secondary education (class 1 – year 12). You also attended a two (2) year course for Automotive at the Vanuatu Institute of Technology (VIT).

 

176. After graduating, you were employed by the Intraco Company where your worked for eight years, as a salesperson before you were terminated due to the offence. You now work part time for a local company called Garae Electrical Services and you hold the position as a supervisor.

 

177. Your main skill is Mechanics, Electrical, Plumbing and Aircon services. You are the bread winner of your family and you sustain your family through your work. You are a member of the school committee of the Ecole Maternelle-Sacré Coeur and you help around the church area at the Catholic Cathedral.

 

178. Mrs. Mariso Yorley is your mother, she says you are a very hardworking young man, and you put your family as your main priority. She said this was the first-time you are caught up in such an offence and she is very surprised to have heard of it. She stated she spent time talking to you about the consequences that your family will face after you are sentenced. Your mother stated that you have learned a lesson.

 

179. Ms. Jennifer Clement is your partner. She stated she was surprised to hear and learn about your involvement in the offending which is not your usual behaviour. She stated that you are now struggling to provide for the family due to the offence. She stated that she and the children depended on you to provide for everything.

 

180. Chief Serge Taga gave similar comments to what Mrs. Mariso Yorley and Ms. Jennifer Clement had stated on your participation in the community. Chief Serge Taga continued to state that you are very well-behaved young man and he knew that the reason why you were involved and caught in this problem was due to peer pressure from your co-offenders.  He confirmed that you and some of the co-offenders were former classmates back in your former school days. Chief Serge Taga stated he spent time talking to you, he noticed that you have learned a lesson and he is ready to supervise you, should the Court sentence you to a community-based sentence.

 

181. There was no customary compensation ceremony undertaken in this case. 

 

182. You have no health issues. You are a member of the Catholic church. You accept the Prosecution summary of facts and you pleaded guilty. You are a first-time offender.

 

183. In this case, I give you a full discount of One-Third for your early guilty plea (33%) on your sentence of 12 months imprisonment (4 months).

 

184. I give you another discount of 6 months for your other mitigating factors.

 

185. Your sentence is reduced to 2 months imprisonment.

 

186. You have already spent 3 weeks and 4 days from 3 January 2026 to 28 January 2026 in custody when you were released from custody awaiting sentence. This is equivalent to 6 weeks and 8 days in custody. This time already spent must be deducted from your sentence.

 

187. Your sentence is finally reduced to 18 days imprisonment. This is your end sentence.

 

188. I consider whether I should suspend this sentence of 18 days imprisonment. I consider the nature and circumstances of the offending and your character as the offender, I suspend this sentence of 18 days imprisonment for a period of 2 years. During the suspension period of this sentence, you shall be crime free. If you re-offend during the period of the suspension of your sentence of 18 days imprisonment, this sentence should be re-activated, and you will also be dealt with the new offence. 

 

189. In addition, you are ordered to perform 50 hours of Community Work.

 

 

190. Mr. Obed, you are 24-old from Vauleli Village on Paama island, and you are currently residing in the Teouma Village area of Port-Vila.

 

191. You completed year 6 at Vauleli Primary school on Paama island before leaving school due to lack of interest in pursuing further formal education. You completed a private technical institution with a carpentry training. You developed skills in carpentry, driving, and gardening.

 

192. You earn a living through carpentry work which supports you daily. Prior to this, you participated in the Recognised Seasonal Employer (RSE) scheme and completed two seasons of employment abroad. 

 

193. You are a single man, and you are the eldest, of your family of four children. You have two younger brothers and a sister. You have a good positive and close relationship with your siblings and family members.

 

194. Mr. Terry David, your adoptive father, described you as a respectful and helpful individual who contributed to the family. Your aim is to purchase a land and construct a rental apartment as an investment. You expressed remorse for your involvement to the offending.

 

195. Chief Mansen Kelep described you as a quiet, respectful and helpful person, he stated he was shocked when he learned of your offending behaviour.

 

196. You are in good health condition. You are a member of the Seven-Day Adventist church and you attend church services regularly.

 

197. You accepted the Prosecution summary of facts of the offending. You are first-time 

offender.

 

198. You explained your involvement to the offence stemmed from frustration over a poor currency exchange rate received upon returning from overseas employment under the seasonal work programs. 

 

199. Your frustration cannot justify your offending. You cannot take the law into your own hands to do justice to yourself.

 

200. The report stated that one of the victims, Mr. Britin Lui, you assaulted during the robbery offence remains fearful and continued to experience emotional distress because of the offending. 

 

201. There is no custom compensation ceremony despite requests to do so.

 

202. You are remorseful for your action. You stated that you are deeply sorry for the offence you committed, and you regretted your unlawful conduct. You conveyed your sincere apologies, and you gave assurances to the writer of the report that you have learned from the experience and no intention of engaging in similar criminal behaviour in the future.

 

203. In this case, I allow you a discount of a full One-Third (33%) for your early guilty plea on your sentence of 9 years imprisonment (36 months).

 

204. I give you another discount of 6 months for your other mitigating factors.

 

205. Your sentence is reduced to 66 months (5years and 5 months) imprisonment.

 

206. You were remanded in custody on 6 January 2026 and released on bail and awaiting sentence on 2 April 2026. You have spent a total of 2 months and 8 days in custody, which is an effective time in custody of 4 months and 16 days already spent in custody.This time spent must be deducted from your sentence.

 

207. Your sentence is finally reduced to 5 years and 14 days imprisonment. This is your end sentence.

 

208. I consider whether I should suspend this sentence of imprisonment. I consider the nature and circumstances of the offending, and your character as the offender, I decline to suspend it. There is no exceptional circumstance to suspend it.

 

208. You are ordered to serve this sentence of 5 years and 14 days imprisonment with 

immediate effect.

 

209. To each and all of you (defendants – Gregory Rouard, Joshua Namuli, Anthony Misak, Johnny Tom Iwai, Victor Tabisap, Rex Steven, Willie Matua, Gael Remy Yorley and Yoan Obed), you have 14 days to appeal your respective sentence if you are unsatisfied with it.