Public Prosecutor v John
SENTENCE
Introduction
1. Esau John you pleaded guilty to a single charge of unlawful sexual intercourse and now appear for your sentence.
The facts
2. The complainant was 3 years old at the time of the offending and the offending occurred at Manples area in Port Vila. The complainant refers to you as her uncle.
3. On the date of the incident, you were seen holding the complainant’s hand leading her into your house. Not long after the complainant was seen leaving your house showing a VT10 in her hand. When her friends asked who gave her the money she responded “Lolo Esau” (Uncle Esau).
4. The complainant went straight to her mother and said: “Esau kaka kai blong mi” (Esau ate my vagina). She normally refers to her vagina as kai.
5. The complainant’s mother accompanied by another woman approached you and asked you about what the complainant told her. At first, you denied licking the complainant’s vagina, but then later admitted the allegations. After that the complainant’s mother reported the matter to the Police.
6. You told the Police in your caution statement that what you did was wrong.
Starting point of sentence
7. The starting point of sentence is assessed by considering any aggravating or mitigating factors of the offending with reference to the maximum penalty. The maximum sentence available for unlawful sexual intercourse where the child is under 13 years old is imprisonment for life.
8. The aggravating factors of the offending are:
• There is an age disparity as you are much older than the victim;
• There is a breach of trust as the complainant relates to you as her uncle;
• There is an element of planning involved;
• The victim was a vulnerable person;
• The offending occurred in the home where the victim should be protected not abused.
9. There are no mitigating factors of the offending.
10. The principles of sentencing in cases of this nature are set out in PP v Gideon [2002] VUCA 7 where the Court said:
“...there is an overwhelming need for the Court on behalf of the community to condemn in the strongest terms any who abuse young people in our community. Children must be protected... It is totally wrong for adults to take advantage of their immaturity.
It will only be in a most extreme of cases that suspension could ever be contemplated in a case of sexual abuse.... Men must learn that they cannot obtain sexual gratification at the expense of the weak and the vulnerable. Men who take advantage sexually of young people forfeit the right to remain in the community.”
11. The prosecution referred to PP v John [2020] VUCA 49, a case involving unlawful sexual intercourse with a 7-year-old girl. The primary judge applied a starting point of 6 years imprisonment and the end sentence of 3 years imprisonment was suspended for a period of 2 years. On appeal by the prosecution against suspension of the sentence, the Court of Appeal noted that extreme youth and vulnerability of the victim were aggravating factors not taken into account by the primary judge which would have warranted a higher starting point than 6 years imprisonment.
12. The prosecution submits that the starting point of sentence should be between 7 to 8 years imprisonment and the end sentence should not be suspended.
13. Counsel on your behalf submits that John’s case is far more serious than your case as the offending occurred on multiple occasions and consisted of different sexual acts including digital and penile penetration of the victim’s vagina and anus. It was further submitted that your case consists of a single act of licking the victim’s vagina therefore, the starting point of sentence should be 5 years imprisonment.
14. The victim of your offending is extremely young and vulnerable therefore a custodial sentence is warranted to mark the seriousness of your offending and to denounce your conduct. It must also serve as punishment for your offending and to deter you and the public at large from such offending. I set the starting point of sentence at 6 years imprisonment.
Guilty plea and personal factors
15. You pleaded guilty at the first available opportunity as a sign of remorse therefore the starting point of sentence is discounted by 33%.
16. A Pre sentence report was filed by your probation officer which sets out your personal details. You are now 39 years old and single. You are from Kurumambe village on Tongoa and currently residing with your parents at Manples area. You come from a family of four consisting of two brothers and two sisters and you are the youngest and you rely on your parents for your daily needs. You completed your education up to year 7 at Vila North School. You could not continue due to epilepsy which you continue to receive medication for from Vila central Hospital.
17. Taking these factors into account I reduce your sentence start point by 4 months.
18. The Pre sentence report notes that you are a second time offender. You were previously convicted and sentenced to 3 years and 6 months imprisonment for one count of intentional assault, one count of act of indecency and one count of unlawful sexual intercourse which you served from 17 March 2022 to 17 November 2025. Taking this factor into account I allow an uplift to your sentence start point by 3 months.
End sentence
19. I sentence you to an end sentence of 4 years imprisonment effective from 5 April 2026 when you were remanded into custody.
20. You have 14 days to appeal if you are not satisfied with the decision.
DATED at Port Vila, this 7st day of October, 2026
BY THE COURT
………………….
Dudley Aru
Judge