Public Prosecutor v Sanson

SENTENCE

Introduction 

1.    Mr Sanson, today you appear for sentence in relation to a charge of sexual intercourse without consent (rape).  ^[1] You were found guilty of the charge of rape following a trial. 

2.    The maximum penalty for rape is life imprisonment. 

The facts 

3.    You and the victim, KJ, are related and live in Iaupaur village, Tanna. KJ called you her grandson. 

4.    This incident happened at KJ’s home in Iaupaur village. On 5 March 2025, you came to KJ’s home while she was sleeping in the kitchen with her grandchild, aged approximately 2 years. You told her you had come to have sex with her. Her response to you was that you were her grandchild, and not her age. She also asked you where your wife was? 

5.    You then grabbed the victim and forced her into her sleeping house. You then inserted your penis into her vagina. KJ was closing her legs, fighting back but you forced her to open her legs. She did not say anything to you, other than to ask why you were doing this to her and asking where your wife was. KJ did not want to have sexual intercourse with you. She struggled, but you grabbed her and forced her down. After the sexual intercourse, KJ felt blood coming out of her vagina and was in pain.  

6.    I did not accept your evidence that this was a mutually satisfying consensual sexual encounter. 

Sentencing purposes/principles

7.    The sentence I impose must hold you accountable and must denounce and deter your conduct. The sentence should ensure you take responsibility for your actions and help you to rehabilitate. It must also be generally consistent.

Approach to sentence

8.    Sentencing involves 2 separate steps; Jimmy Philip v Public Prosecutor [2020] VUCA 40, which applied Moses v R [2020] NZCA 296.

Starting point

9.    The first step is to set a starting point to reflect the aggravating and mitigating features of the offending, and with reference to the maximum penalty for the offence.

10.    I consider that the aggravating factors of this offending are:

a.    There was a breach of trust as the victim is your grandmother.

b.    The rape occurred in the victim’s home, where she was entitled to feel safe.

c.    There was an element of premeditation, as you came to KJ’s kitchen intending to have sexual intercourse with her.

d.    The victim was vulnerable because of the power imbalance between the two of you, which I infer must have been obvious to you. Although KJ did not know her age, you are much younger and physically stronger than her. My observations of KJ were that she was elderly, slight in stature and physically frail. 

e.    Violence over and above the force necessary to commit the rape was used, as you grabbed her and forced her into her sleeping house. Also, you grabbed her and held her down when she struggled. This can only have been to overcome resistance to the rape.

f.    There was a risk of sexually transmitted diseases due to unprotected sexual intercourse. 

g.    While harm is inherent in rape offending, this must have been a frightening experience for KJ, who said her vagina was bleeding and painful. 

11.    Because the charge is rape, Public Prosecutor v August [2000] VUSC 73 and Scott v Public Prosecutor [2002] VUCA 29 apply. Scott is the guideline case for rape. According to Scott, where a rape is committed without any aggravating or mitigating factors, the starting point is 5 years imprisonment. If the defendant has gained access to the victim’s home, the starting point should be 8 years.

12.    As detailed in Scott, rape is aggravated by various factors, some of which are present here to a moderate degree:

a.    You gained access to KJ’s home. This was not however a home invasion. 

b.    Violence was used over and above the force necessary to commit rape.

c.    As best as I can assess, KJ is an elderly woman.

13.    The prosecutor contends that the appropriate starting point for the offending is 8-9 years imprisonment. Mr Melsul contends that the starting point should be 7-8 years imprisonment. Both counsel referred to the guideline case for rape, Scott v Public Prosecutor and other cases to assist with setting the appropriate starting point. 

14.    As the Court of Appeal said recently in Meltek v Public Prosecutor [2025] VUCA 41, sentencing is not an exact science because the circumstances will vary, so comparisons with other cases are at best an imprecise guide. None of the cases cited by counsel involve an elderly victim, so are not of much assistance. 

15.    One of the cases cited by counsel, Public Prosecutor v Kai [2026] VUSC 22 provides some assistance in setting the appropriate starting point as the defendant came to the victim’s home and raped her. Mr Kai was sentenced in relation to two charges of rape, one of which involved penile penetration. To overcome resistance to the rapes, threats to kill were made. The starting point adopted on a global basis for the offending was 8 years imprisonment. Therefore, I consider the starting point here should be slightly less than Kai, as there is one incident of rape, and no threats to kill were made. 

16.    But with reference to the relevant Scott factors and taking into account the victim’s vulnerability arising from her age and frailty, as well as the breach of trust, I adopt a starting point of 7 ½ years imprisonment. 

Personal factors

17.    You were found guilty of the charge at trial. Therefore, the sentence cannot be reduced for a guilty plea.

18.    Your personal circumstances are set out in the presentence report. You are aged 36 years and are from Iaupur village, Southeast Tanna. You are well regarded in your church and community and have the support of your family. You have no previous convictions. 

19.    You have a partner and two biological children. Your partner also has another child. You support your family. You have been in employment. Most recently you have been part of the seasonal workers’ programme in Australia. 

20.    You maintain your innocence, which is your right. You told the presentence report writer the sexual intercourse was consensual, which was your defence at trial. In such circumstances, you are not remorseful at all, which means that a sentence reduction for that factor is not available. 

21.    The only personal factor capable of reducing the sentence is your otherwise good character. For that factor, I reduce the sentence by 6 months, which equates to a reduction of between 6-7%.

22.    You have been remanded in custody since 27 March 2025. That needs to be taken into account. I intend to do so by backdating the sentence start date, as contended by your counsel.  I will come to that shortly.

End sentence 

23.    The end sentence for the charge of rape is 7 years imprisonment. 

24.    I am not asked to suspend the sentence. For the sake of completeness, I will address the issue of suspension. Under section 57 of the Penal Code, there is a discretion to suspend an imprisonment sentence. I must take into account the circumstances, the nature of the offending and your character. In Public Prosecutor v Gideon [2002] VUCA 7, the Court of Appeal said that it will only be in the most extreme of cases that suspension could ever be contemplated in a case of sexual abuse. That was reaffirmed by the Court of Appeal in Tulili v Public Prosecutor [2024] VUCA 54.

25.    As the Court of Appeal has said, in assessing whether or not to exercise the suspension discretion, a balancing of factors against, and factors for, suspension is required. ^[2] This is serious offending. You raped your grandmother in her own home. She was vulnerable for the reasons I have detailed. I accept you are well regarded in your community and have no previous convictions. But the circumstances, both in relation to the offending and you personally, are a long way from being exceptional or extreme so as to warrant suspension of the sentence. Accountability, deterrence and denunciation are important sentencing purposes, given the overall nature of the offending. A stern response is needed. The sentence will not be suspended.

26.    The sentence is to commence immediately. You have been remanded in custody since 27 March 2025. Accordingly, the sentence start date is backdated to commence on 27 March 2025.

27.    You have 14 days to appeal against the sentence.

28.    I make a permanent order suppressing the names and identifying details of the victim.

DATED at Port Vila this 4th day of June 2026
BY THE COURT

………………………………………….
Justice M A MacKenzie

[1] contrary to ss 89A, 90 (a) and 91 of the Penal Code [CAP 135].
[2] Public Prosecutor v Garae [2025] VUCA 37.