Public Prosecutor v Lee
SENTENCE
Introduction
1. Trevor Lee, you pleaded guilty to two counts of domestic violence (counts 1 and 4), one count of threats to kill(count2) and one count of intentional assault causing damage of a temporary nature (count 3) said charges. You accepted the summary of facts put to you and you now appear for sentence.
2. The maximum penalty for these offences are as follows:
• Domestic violence – a term of imprisonment not exceeding 5 years or a fine not exceeding VT 100,000 or both.
• Threats to kill – Imprisonment for 15 years
• Intentional assault where damage caused is of a temporary nature – imprisonment for 5 years
The Facts
3. The victim reported lodged her complaint against you on 29 March2025 following of your violent behaviour, threats and injuries she suffered as a result of your actions. You had been in a relationship with the victim and had been living together for some time. You have a daughter who at the time of the offending was three months old.
4. The incident occurred at chapuis area in public and a lot of people saw what happened.
Count1
5. In the victim’s complaint to the Police, she reported that sometime on 29 March 2025, she was with your daughter at home when entered the house and started intimidating her as to her whereabouts the day before. The victim told you they were at a family member’s house. You were not satisfied and you started swearing at them. At the relevant time you held a bottle of tusker in your hand and threatened to hit them with the tusker bottle .
6. At that time you were very angry and you started raising your voice which caused them to fear you .
Count 2
7. At the same time, you started behaving in a very violent manner and you broke a piece of timber and you wanted to assault the victim and the baby with it. The victim was fearful for their safety as the timber had a sharp end and took the baby and fled across the road to a neighbour’s house. You pursued them across the road and saying ‘yufala e redi lo coffin blo tufala ia, ba mi sperem tet tufala long timber ia’(prepare the coffins of these two people I will spear them or end their life with this timber)
8. The victim heard what you said and was fearful for her life and that of the baby as you had assaulted her with the timber before threatening to kill them.
Count 3
9. At the same time you landed a very strong punch on the victim’s head with your fist while she was holding your daughter. You also assaulted the victim’s body with the piece of timber you had in your hand. The victim then crossed the road and returned to your house. You followed them still carrying the piece of timber in your hand and threw it at them hitting the victim injuring her left hand.
Count 4
10. You were very violent towards the victim and your baby and threatened to kill the babby. You were about to assault the baby with the piece of timber when her mother blocked the hit with her hand.
11. The Police arrived in time and took away to the Police station. You were cautioned and interviewed. You admitted the offending to the Police saying you were very angry at that time. A Medical Report from the Northern Provincial Hospital confirmed the complaint of assault made by the victim.
Starting point of sentence
12. When assessing the starting point of sentence, I must take into account any aggravating or mitigating factors of the offending with reference to the maximum penalty. The maximum sentence available for domestic violence is a term of imprisonment not exceeding 5 years or a fine not exceeding VT 100,000 or both. The maximum sentence available for threats to kill is Imprisonment for 15 years. For intentional assault where damage caused is of a temporary nature the maximum sentence available imprisonment for 5 years.
13. I accept that there are a number of aggravating factors namely:
• There is a breach of trust;
• The offending occurred in the home where the victim should feel safe and protected;
• There is an element of planning involved;
• The offending was repeated;
• The victim was vulnerable and powerless;
• A weapon was used ;
• The offending was against two people
• The victim was fearful for both her and the baby’s life
• The traumatic experience will remain a scar on the victim’s life;
14. There are no mitigating factors of the offending.
15. The prosecutions submitted that the starting point be between the range of 3 to 4 years.
16. It is accepted that domestic violence cases vary in degree but where physical force is inflicted by a man on a woman it must always be condemned: see Kalo v PP [2020] VUCA 39. The prosecutions referred to PP v Tevi [2024] VUCA 43 where the defendant was charged with intentional assault, threats to kill and domestic violence.
17. The defendant in that case assaulted his de facto wife who at that time was 6 months pregnant. At the same time he threatened to kill his de facto wife’s daughter and the unborn child his defacto wife was carrying. On a global basis, the starting point of sentence was 40 months imprisonment reduced to 35 months as the end sentence to be served on a concurrent basis. On appeal, the sentence was reduced to 31 months and 26 days imprisonment.
18. The defence submitted a starting point of 3 years and for the end sentence to be suspended.
19. I have considered the submissions and cases referred to by Counsel. Taking threats to kill as the lead offence, I adopt a global starting point of 3 years imprisonment.
Guilty Plea and personal factors
20. You pleaded guilty at the first available opportunity as a sign remorse therefore the sentence start point is discounted by 33 %.
21. A Same Day Report was directed to be filed on your behalf, however, I am informed that you did not turn up to your interview hence nothing was filed. Counsel on your behalf submits that you are 53 years old and you are a first-time offender. You are married with three children the youngest being 3years old. You operate a kava bar business at Chapuis area which gives you income to support your family.
22. Taking these factors into account I reduce your sentence start point by 3 months.
23. Counsel also submits that you spent roughly 2 weeks on remand in custody prior to being released on bail. This equates to 1 month imprisonment. The sentence start point is further reduced by a month.
24. It was also submitted that you performed a custom reconciliation to your wife witnessed by your community chief by giving her VT 5000. Taking this into account, I reduce the sentence start point further by deducting 1 month.
End sentence
25. I sentence you to an end sentence of 1 year 6 months imprisonment to be concurrent for all the charges.
26. Given the seriousness of your offending I am not prepared to suspend your sentence and it is effective immediately.
27. You have 14 days to appeal if you are not satisfied with the decision.
DATED at Luganville, Santo this 21 day of September, 2026
BY THE COURT
………………………
Dudley Aru
Judge