Public Prosecutor v Massing

SENTENCE 

Introduction 

1.    Collins Tabi pleaded guilty to one count of unlawful entry of a house not used for human habitation (count 1) and one count of theft (count 2). John Lui and Alex Massing pleaded guilty to one count of complicity to theft (count 3). This is their sentence.

2.    The maximum penalty for the offence of unlawful entry of a house not used for human habitation is 10 years imprisonment. Sections 30 of the Penal Code [CAP 135] regarding complicity in offences states:

“Any person who aids, counsels, or procures the commission of a criminal offence shall be guilty as an accomplice and may be charged and convicted as a principle offender”.
 
3.    And s32 regarding punishment of accomplices and co-offenders states:

“Subject to any express provision of law, an accomplice and a co- offender shall be punishable in like manner as a principal offender.”

The Facts 

4.    Fred Samuel is the victim in this case. The three defendants, Collins Tabi, John Lui and Alex Massing entered Fred Samuel’s yard together at around 4.00am in the morning on 29 June 2025. At the relevant time there was no one awake.

Count1
5.     Collins Tabi burnt the lock on the door that opened into the shop then used an iron bar to hit open the lock. When the lock opened, Collins Tabi entered the shop with a view to stealing.

Count 2

6.     Upon entering the shop, Collins Tabi took the following items:

•    VT 20,000 cash
•    6 bottles of wine
•    6 bottles of tusker
•    1 packet cigarette
•    Box tobacco and some cash 

7.     At that time Collins Tabi knew that the properties belonged to another person but continued to remove them from the shop with the intention of not returning them to the owner.

8.    The items taken by Collins Tabi were fully consumed by the defendants.

Count 3

9.    In the early hours of 29 June 2025, John Lui and Alex Massing followed Collins Tabi and all three defendants entered Fred Samuel’s yard. John Lui and Alex Massing kept watch while Collins Tabi broke the lock and entered the shop to steal. 

10.    Both defendants knew that Collins Tabi was going to steal certain items from Fred Samuel’s shop.

11.    All three defendants consumed the items stolen by Collins Tabi from Fred Samuel’s shop.

Starting point of sentence 

12.     The starting point of sentence is set by considering any aggravating or mitigating factors of the offending with reference to the maximum penalties. The maximum sentence available for unlawful entry of a house not used for human habitation is VT 10 years imprisonment. Similarly, the maximum sentence available for theft is 12 years imprisonment. Complicity to theft carries the same maximum sentence of 12 years imprisonment.

13.    I accept the following factors submitted by the prosecution as the aggravating factors of the defendants’ offending namely:

•    There is an element of planning involved;
•    The loss suffered was financial loss to the victim and loss of the actual items stolen;
•    The offending occurred in the early hours of 29 June 2025 when no one was awake.

14.    I have considered the written submissions and the cases referred to for comparison by the prosecution and Counsel for the defendants in their written submissions and set a global starting point of 2 years imprisonment for the offences of unlawful entry and theft for Collins Tabi to be served concurrently. I also adopt a starting of 2 years imprisonment for John Lui and Alex Massing.

Personal factors 

15.     All three defendants pleaded guilty at the first available opportunity as a sign of remorse. The sentence start point is therefore discounted by 33%.

Collins Tabi

16.     A Same Day Report was filed on his behalf which reveals the following personal details. He is twenty years old originally from Bwatnapni, central Pentecost and is the youngest of 5 children in his family. He left school at year 9 at Rowhani school due to financial difficulties. He is a first-time offender. He lives in a de facto relationship with his partner at banban area. Following the death of his parents, all his siblings moved to Port Vila. He works as a grounds man for Mr White and earns a fortnightly salary to support his daily living though he says it is not enough due to rising costs of living.  He hopes to one day go on seasonal work overseas to earn good income to build himself a house.

17.    Taking these factors into account, I reduce the sentence start point by 4 months.

18.    Counsel submits that the defendant spent roughly 2 months on remand in custody before his release on bail which equates to 4 months imprisonment. The starting point of sentence is further reduced by 4 months.

JohnLui

19.     A Same Day Report was also filed on his behalf. The report reveals that he is 20 years old originally from Kelai village on the island of Paama.He is a first-time offender. He left school at year 7 at the Neil Thomas School due to financial difficulties. He is the youngest of four childen and is currently in a de facto relationship. He works as a construction worker and earns a fortnightly income to support his living expenses. He hopes to one day build a good home for his young family.
  
20.    Taking these factors into account I reduce the sentence start point by 4 months.

21.    He also spent roughly 2 months on remand in custody which equates to 4 months imprisonment. The sentence start point is further reduced by 4 months.

Alex Massing 

22.    A Same Day Report was filed on his behalf. The report reveals that he is 19 years of age and is a first-time offender. He is from Port Vato on the island of Ambrym. He is the fourth child out of five siblings. He left school at year 9. He now lives in a de facto relationship with his partner and they have a six-month-old daughter. He earns a fortnightly salary to support his family by working as a construction worker laying blocks at construction sites. He supports his community regularly doing work parties.

23.    Taking these factors into account, I reduce the sentence start point by 4 months.

24.    He also spent roughly 2 months on remand in custody which equates to 4 months imprisonment. The sentence start point is further reduced by 4 months.

End sentence
 
25.    Collins Tabi is sentenced to an end sentence of 8 months imprisonment.

26.    John Lui and Alex Massing are each sentenced to an end sentence of 8 months imprisonment.

27.    Having considered whether I should suspend the sentences, I have taken into account the criteria for suspension of a sentence under s57 of the Penal Code. I note that the three defendants are young adults in their early twenties with the youngest being Alex Massing and the fact that they are first time offenders. I believe their time on remand in custody would have taught them a lesson. In respect of Collins Tabi, his sentence is suspended for a period of 2 years. The sentences for John Lui and Alex Massing are suspended for a period of 12 months.

28.    During the period of suspension of the sentences if any defendant re offends, his sentence will be reactivated to be served in custody.

29.    In addition, I order Collins Tabi to perform 80 hours of community work. John Lui and Alex Massing are also ordered to perform 60 hours of community work.

30.    The defendants have 14 days to appeal if they are not satisfied with the decision.

DATED at Luganville, Santo this 18th day of September, 2026

BY THE COURT

………………………
Dudley Aru
Judge