Public Prosecutor v Morris
SENTENCE
A. Introduction
1. This is the sentence of Mr. Stephen Morris (Mr. Morris). Mr. Morris was charged with following charges:
One count of Act of indecency, contrary to section 98 A of the Penal Code Act (CAP 135) (the Act) (Count 1);
Three counts of Incest, contrary to section 95 (1), (c), (8) and (9) of the Act (count 2) (count 3) (count 4); and
One count of Domestic violence, contrary to section 4 (1) (d) and section 10 of Family Protection Act 2008 (count 5).
2. On 7 April 2026, Mr. Morris entered guilty plea on count 5 of Domestic Violence. He entered not guilty plea on counts 1, 2, 3 and 4.
3. A trial is required on count 1 of Act of Indecency, contrary to section 98 A and counts 2, 3 and 4 of Incest, contrary to section 95 (1) (c) (8) and (9) of the Act. The sentence of the Defendant Morris on count 5 on Domestic Violence is adjourned pending the trial of Mr. Morris on counts 1, 2,3, and 4. A pre-trial conference was set on 26 May 2026. On 26 May 2026, the pre-trial conference was made and it was directed that the evidence of the complainant (main Prosecution witness) will be made through video link as the complainant was travelling to Australia to visit her father. The trial date was scheduled for 1 day on 29 June 2026 at 9:00 am. At the date of the trial, Mr. Morris changed his initial not guilty pleas into guilty pleas on counts 1, 2, 3 and 4 of the Act.
B. Facts
4. The complainant was born on 7 February 2010. She attended Lycée LAB and she resided with her mother (Winnie Morris). The parents of the complainant were separated. The complainant and her mother went to live with the defendant, Mr. Morris at his house at Teouma. Mr. Morris is the grandfather of the complainant.
5. Mr. Morris is 63 years old. He is from Tongoa Island. He is the father of the complainant’s mother. Mr. Morris lives at Teouma with his wife, children and his in-laws.
6. The complainant and Mr. Morris are biological family as grandfather and granddaughter. They also lived in the same house which is Mr. Morris’s house at Teouma.
7. In count 1 – The complainant recalled that she was 14 years old, she could not recall about the exact date, but it was about the month of January 2024. The complainant recalled that she was in the house at Teouma, she was surprised Mr. Morris came inside the house and started to hold her body, Mr. Morris touched her vagina, and breasts, at the time the complainant was wearing her clothing.
8. In count 2 – The complainant recalled that she was 14 years old. She could not recall the exact date, but she could recall it was towards the end of January 2024. At the time, the complainant was inside the house at Teouma, Mr. Morris pulled the complainant into a room, removed her clothes and pushed the complainant down on the mattress and Mr. Morris had sexual intercourse with the complainant.
9. After the sexual intercourse, Mr. Morris told the complainant not to tell the family about what had happened. The complainant said she was afraid of Mr. Morris and, so she did not tell anyone about what Mr. Morris did to her.
10. The complainant recalled Mr. Morris had sexual intercourse with her several times inside the house at Teouma and Mr. Morris would have sexual intercourse with the complainant almost every week and months in the year 2024.
11. In count 3 – The complainant recalled that in December 2024, she travelled to Australia to visit her father and she returned on 6 March 2025.
12. The complainant recalled that after she returned to Vanuatu, she was 15 years old, but the action of Mr. Morris to have sexual intercourse with her did not stop. Mr. Morris continued to have sexual intercourse with her in the house at Teouma on different occasions until the complainant went the sleep at Lycée LAB school dormitory at the last term of school year 2025.
13. In count 4 – The complainant recalled that in the month of June 2025; she could not recall the exact date, she remembered it was late in the afternoon around 6:00 pm, she recalled Mr. Morris picked her up after school and when Mr. Morris drove towards Teouma, he swang the truck to the subdivision of the Green Lake Estates and drove to a place near a lake.
14. Mr. Morris took the complainant behind the cart of the truck and removed the complainant’s clothes and had sexual intercourse with her.
15. In count 5 – The complainant recalled that the she was at year 10 at Lycée LAB and towards the last school term of year 2025, her mother told her to go and sleep at school dormitory so that she could study for her examinations.
16. The complainant recalled that when she slept in the school dormitory, she recalled that almost everyday she would see Mr. Morris was in the area of the school and that during weekends, Mr. Morris would picked her up from school.
17. The Boarding Mistress of the school and the classmates of the complainant saw Mr. Morris in the days of the week and sometimes Mr. Morris removed the complainant from the school premises without the permission of the Mistress or at the time where school activities were still in progress. Often, Mr. Morris walked straight into the dormitory of the girls looking for the complainant.
18. On 11 November 2025, the complainant told the school Mistress and her classmates about what Mr. Morris did to her.
19. On 12 November 2025, Mr. Morris came inside the yard of the school and asked about the complainant. He also walked into the girls’ dormitory looking for the complainant which lead to the complainant afraid and hid from him.
20. On one occasion, Mr. Morris tried to contact the complainant because he was informed that the father of the complainant (who was in Australia) started contacting the complainant.
21. On 14 November 2025, Mr. Morris was cautioned and he has understood his rights and the charges laid against him. Mr. Morris chose to only speak in Court.
C. Sentence start point
22. In consideration of the sentence start point, regards have to be had to:
The maximum sentence that is available;
The aggravating and mitigating factors of the offending;
If any guideline, judgment and any comparative type case.
23. The following maximum sentences are available in respect to the offences in this case:
- Incest (section 95 9(1)(c)(8)(9) is imprisonment for life;
- Acts of indecency with a young person (section 98 A) is 10 years imprisonment.
- Domestic violence (Sections 4 and 10) is 5 years imprisonment or 100,000 vatu fine or both.
24.The following are the aggravating factors of the offences:
a. Act of indecency with a young person (count 1): -
i. Breach of trust – the defendant being the victim’s biological grandfather, he should be in the position of trust to care and protect the victim.
ii. The age differential over 40 years age differential between the defendant and victim – the victim being 14 years old young and vulnerable age.
iii. Home environment – the offending happened inside the defendant’s home where the victim lives and where should feel the safest and protected.
iv. Elements of planning and premeditation.
v. Impact on the victim.
b. Incest’s (Count 2, 3, 4)
i. Breach of trust – the defendant being the victim’s biological grandfather, he should be in the position to care and protect the victim.
ii. The age differential over 40 years age differential between the defendant and victim – the victim being between 14 years and 15 years old young and vulnerable age;
iii. The environment – the majority of offending happened inside the defendant’s home where the victim lives and where should feel the safest and protected and on one occasion the defendant drove the victim to an isolated area near a lake make her vulnerable to confinement and isolation;
iv. The repeated nature of the offending over a period of time, the sexual acts started in January 2024 up until October 2025 telling the victim not to tell anyone causing the victim fear limiting her ability seek help;
v. Element of planning premeditation;
vi. Loss of innocence of the victim and risk of pregnancy and sexually transmitted diseases;
vii. Impact on the victim.
c. Domestic violence (Count 5)
i. Breach of trust, the defendant breaches the victims trust, safety and security.
ii. The school is the victims protected space that she went to live in the dormitory to focus on her exams – the defendants actions breached the victim’s safe space and exposes the victim to academic disruption in front of her fellow peers and boarding mistress;
iii. The defendant’s behaviour and appearances breach the general safety protocol for the school.
iv. Elements of premeditation and planning.
v. Impact on victim.
25. There are no mitigation features of the offending.
26. The prosecutor referred to the following cases: Boesaleana -v- Public Prosecutor [2011] VUCA 33; Public Prosecutor -v- Scott and Tula [2002] VUCA 29; Public Prosecutor -v- Ali [2002] VUSC 73; Public Prosecutor -v- Johnson [2025] VUSC 61; Public Prosecutor -v- Marae [2023] VUCA 23; Public Prosecutor -v- Bae [2003] VUCA 14. The Prosecutor submitted for a global sentence start point of 9 years imprisonment.
27. The defence submitted that the prosecution’s proposed sentence starting point of not less than 9 years imprisonment is excessive and does not properly reflect the particular circumstances of this case.
28. The defence said the offending is serious and required a significant custodial sentence. However, the sentence must remain proportionate and consistent with the totality of the circumstances. The defence submitted for an appropriate sentence global starting point of 7 years imprisonment.
29. The aggravating seriousness of this case and overall culpability of the defendant in this case justify a sentence start point of 9 years imprisonment based on Public Prosecutor -v- Johnson [2025] VUSC 61 and the circumstances of this case is more serious than Johnson case.
D. Personal factors and End sentence
30. Mr. Morris, you come from Magarisu village in Tongoa Island. You are 64 years old. You are a permanent resident of Teouma Area with you wife, Mrs Magrate Morris.
31. You began your primary level at Magarisu Primary school, then continued at Lycée Louis Antoine de Bougainville, and ended your educational route at Vanuatu Institute of Technology with a certificate in mechanics. You further attended USP and secured a certificate in Earth Science.
32. You have skills in water specialties.
33. You are married to Magrete Morris and have 3 daughters and 2 sons. You said you have good relationship with your family and community. Your eldest son Mr. Nelson Morris praised you as his father for playing the role of a father. Your wife, Mrs. Magrete Morris has been suffering from vertebral pain for the past several years.
34. You were also involved in providing water for your community. You are retired from the Department of Water in 2017 after 35 years of service. You paid for everything at home, including water, electricity, and rations for the whole family. You are a member of the New Covenant church. You suffered prostatic effect and you provide medic report for it.
35. Mr. Morris, you entered guilty pleas on count 5 of domestic violence on 7 April 2026 and not guilty pleas on one count of acts of indecency in count 1 and three counts of incest in counts 2, 3 and 4. Your sentence on the domestic violence count was adjourned pending a trial on the other counts. The trial was scheduled for 1 day-trial on 29 June 2026. The complainant was supposed to give her evidence via video link. Pre- trial arrangements were made ready for the trial on 29 June 2026. On 29 June 2026, you decided to be re-arraigned and you changed you not guilty pleas on the one count of acts of indecency and the three counts of incest into guilty pleas. You are not entitled to a full One-Third (33%) deduction. I give you a deduction of 30% of your sentence of 9 years imprisonment (32 months).
36. You are a first-time offender. You are now 64 years old. You have performed custom compensation to the victim and her family. You provided 50,000 VT in cash and several island food crops. Your elder son, Mr. Nelson Morris, said the victim accepted the custom compensation and received the items presented during the ceremony.
37. The complainant / victim is in Australia. How come the victim accepted the items? I take it the custom compensation ceremony was not done in the presence of the victim but in the presence of her family.
38. I also take note that the Probation Services Unit provide to the Court and Additional Information to the Pre-Sentence Report in respect of your situation, Mr. Morris. The Additional Information was about (1) the comments of chief Willie Andrew Kalpoilep, Paramount Jif, Eratap village on his observations on character, community involvement and conduct under supervision, (2) the medical report: current physical health, diagnoses, and treatment needs and (3) the Reconciliation.
39. Your sentence is further reduced to 64 months (5 years and 3 months) imprisonment.
40. I take it that you are remorseful for your wrongful actions. I give you a further discount of 12 months for these other personal and mitigating factors.
41. You were remanded in custody from 14 November 2025 and you were released on bail on 11 April 2026 awaiting your sentencing. This is a total of 5 months and 5 days spent in pre-custodial period. This time represent an effective time of 10 months and 10 days already spent in custody. This will also be discounted to your sentence start point.
42.Your sentence is finally reduced to 4 years 4 months and 20 days imprisonment. This is your end sentence.
43. I consider whether I should suspend this imprisonment sentence. I consider the criteria under section 57 of the Penal Code Act; I decline to suspend it. There is no exceptional circumstance to justify the suspension of this sentence.
44. You are ordered to serve this term of 4 years 4 months and 20 days imprisonment with immediate effect.
45. You have 14 days to appeal this sentence.
DATED at Port Vila, this 21 August 2026.
BY THE COURT
_______________________________
Hon. Chief Justice
Vincent Lunabek