Public Prosecutor v Tokal

SENTENCE

Introduction

1.    Job Tokal pleaded guilty to one count of intentional assault (Count 1) and one count of domestic violence (Count 2).

2.    The maximum penalty for intentional assault where damage is of a permanent nature is 10 years imprisonment. For domestic violence the maximum penalty is 5 years imprisonment or a fine not exceeding VT 100,000 or both.

Facts

3.    The defendant is the son of the victim and they all live at Tanmial village on the Island of Malo. On 16 October 2024, the victim was at home weeding grass when the defendant approached him with a machete (knife) and told him to leave. After saying that, the defendant cut the victim on the shoulder with the knife. While the victim was bleeding, the defendant lifted the knife and cut off the victim’s left wrist. The victim then ran to the house of a person named Mark. Mark hid the victim and was able to find a transport that took him to Waisale. He was unconscious when he was transported by boat from Waisale to St Michelle landing to get to the Northern District Hospital.

4.    The Medical Report from Dr Thompson, dated 21 October 2024 stated that the injuries suffered by the victim were:

•    3cm laceration a left check with bleeding;
•    Left shoulder with 9 cm laceration in length. 1.5 cm deep, blood clot noted; and
•    Left distal forearm laceration at posterior to anterior region, compound fracture of radius and ulna, all exterior tendon cut with blood vessels, flexor tendons cut, median nerve intact, active bleeding.

5.    Dr Thompson also stated that the injuries sustained by the victim were consistent with knife injuries from physical assault.

6.    On 17 October 2024, the defendant admitted the offending in his cautioned statement. 

Starting point of sentence

7.    The sentence start point is set by taking into account the maximum sentence available and any aggravating or mitigating factors of the offending.

8.    The maximum sentence available for intentional assault where damage is of a permanent nature is 10 years imprisonment and for domestic violence the maximum sentence available is 5 years imprisonment or a fine not exceeding VT 100,000 or to both. There are a number of aggravating factors namely:

•    There was a breach of trust as the victim is the defendant’s father
•    A weapon was used to inflict permanent injury 
•    The offending occurred at home where the victim should feel safe from such behaviour   
•    There was some planning involved
•    The victim was vulnerable as an elderly man

9.    There are no mitigating factors of the offending. 

10.    The prosecution submits a global starting point of 5 years imprisonment to be the appropriate starting point. Cases relied on for comparison are PP v Qon [2018] VUSC 140 and PP v Nocklam [2020] VUSC 253. Both cases involve the use of a knife to inflict injury and in both cases the starting point of sentence was 5 years imprisonment. In Qon the defendant struck his sister-in-law with the back of a bush knife resulting in serious injury. The attack was unprovoked. In Nocklam the victim was the defendant’s partner. The defendant struck her on the leg and head with a large knife resulting in cuts to her head and leg exposing bone matter resulting in a fracture to the leg.

11.    Defence Counsel on the other hand submits that the starting point of sentence be between 5 to 6 years imprisonment. They referred to the above cases as well as PP v Buroro [2024] VUSC 297 and PP v Frank [2025] VUSC 292.  In Buroro the starting point of sentence was 5 years imprisonment. It involved the use of a knife by the defendant on his nephew resulting in cuts to the face, blood loss and jaw deformity. In Frank the starting point of setence was 5 and ½ years imprisonment. It involved the defendant stabbing his mother on the head with a bush knife resulting in loss of consciousness and scalding by boiling oil from a frying pan.

12.    I accept that the above cases are distinguished on the facts from the current case. The offending in this case is very serious as the defendant used a machete to cut the victim’s wrist which was completely severed from his arm. The loss of his left wrist will severely impact the victim’s life given that he is an elderly man and a widower. 

13.    I adopt a global starting point of 6 years imprisonment.  

Personal factors 

14.    The defendant pleaded guilty at the first available opportunity as a sign of remorse therefore the sentence start point is discounted by 33%.

15.    A pre sentence report was filed on the defendant’s behalf which sets out his personal details. He is 31 years old and lives with his father (victim). His mother is deceased. He left school at Year 10 and has done some training in tourism at the vocational level. His skills include kitchen hand, waiter and gardener. For these personal factors the sentence start point is further reduced by 4 months.

16.    The report also states that the defendant is a lonely and violent person within his community. He is a third time offender. In 2022 he was sentenced to 3 months imprisonment for domestic violence and in 2023 he was sentenced to 6 months imprisonment on charges of threats to kill, malicious damages to property and domestic violence. Taking these factors into account, the sentence start point is therefore uplifted by 5 months. 

17.    The defendant is sentenced to an end sentence of 4 years imprisonment without suspension effective from 17 October 2024 when he was remanded into custody. The sentence must serve as a deterrent to the defendant’s future offending.

18.    The defendant has 14 days to appeal if he is dissatisfied with the decision.

DATED at Port Vila this 15th day of September 2026

BY THE COURT

………………………
Dudley Aru
Judge