Public Prosecutor v Andyrono
SENTENCE
Introduction
1. Alick Andy Rono you were charged with 3 counts of incest contrary to s95 (1) (a) of the Penal Code Act [CAP 135]. You pleaded guilty to the said charges. You accepted the summary of facts put to you and you now appear for sentence.
2. The maximum penalty for the offence of incest is life imprisonment.
The Facts
3. The victim of your offending is your own biological daughter. She reported the matter to the Police on 19 March 2026.
Count1
4. Sometime in January 2026, the victim was at home when you asked her to follow you to the plantation. When you arrived at the plantation, you pushed the victim to the ground near a bamboo tree. You followed and then tried removing her skirt and panty. The victim tried pulling up her clothes but you threatened her with File used for sharpening knives. She feared for her life and remained silent.
5. You also removed your clothes and had sexual intercourse with the victim. The victim was crying as she did not like what you were doing to her but you continued. When you finished, you used the victims skirt to wipe yourself and the victim’s vagina.
6. The victim continued to cry. You told her not to tell her mother about what happened when she got back home.
Count 2
7. On 11 March 2026, during lunch break at school, the victim returned home for lunch. Having had her lunch, she wanted to return to school when you blocked her from leaving the house and forced her into your bedroom. The victim did not want to follow you but you held a knife in your hand which made her fearful for her life and she followed you into your bedroom. Once inside the room, you held onto the knife and forced the victim to remove her clothes. You then locked the door and had sexual intercourse with the victim on your bed.
8. The complainant felt bad and was crying but you blocked her mouth and continued having sex with her until you ejaculated inside her. After the sex you wiped yourself and the victim. The victim then wore her clothes and returned to school.
Count 3
9. In the morning of 14 March 2026, the victim’s mother attended a funeral gathering for a relative. You were the only one at home with the victim. You forced the victim to have sex with you but she refused. You then took a small knife and forced the victim to go to your bedroom. You forced the victim to removed her clothes and you had sexual intercourse with her.
10. You continued to have sexual intercourse with her until you ejaculated inside her. You then removed yourself and went outside. The complainant felt bad and returned to her bedroom and continued crying.
11. On 20 March 2026, you were arrested and interviewed by the Police and you admitted that you had sexual intercourse with your daughter.
12. The victim was examined at the Northern Provincial Hospital and her medical report confirmed what she told the Police.
Starting point of sentence
13. 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 is life imprisonment. I accept the submissions by the prosecution that there are a number of aggravating factors namely:
• There is a breach of trust;
• There is an age disparity of 21 years;
• 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;
• Force was used to get the victim to submit;
• The victim was exposed to the risk of sexually transmitted diseases and unwanted pregnancy;
• The psychological effects on the victim will remain a scar on her life.
14. There are no mitigating factors of the offending.
15. The Court of Appeal has consistently said that except in verry exceptional circumstances, custodial sentences are warranted in sexual abuse cases because of their seriousness.
16. In Talivo v PP [1996] VUCA 2 one of the charges was sexual intercourse with a child under care and protection The victim had become a member of the defendant’s family as she had grown up with him and regarded the defendant who sexually abused her as her father.
17. The Court of Appeal in dismissing the appellant’s appeal said:-
“All children are entitled to be protected by adults. Children must be safe in their own homes. When men who have the care of children abuse that trust we agree with the Chief Justice that they forfeit the right to remain within the community.”
18. In PP v Bae [2003] VUCA 14 the defendant pleaded guilty to one count of incest and was sentenced to two years imprisonment. The end sentence was suspended for 2 years. On appeal by the Public Prosecutor the Court of Appeal said:
“The principles are simple. Parents who use their children for their own sexual gratification will go to prison. It is almost impossible to imagine circumstances in which that will not be the necessary response. This Court would anticipate that it will only be in the most truly exceptional circumstances, which are clearly and unequivocally demonstrated to exist, that this will not apply.”
19. The prosecutions submitted that a starting point within of 8 to 12 years imprisonment would be within range. By comparison they referred to PP v Tevi [2023] VUSC 150 where the defendant was charged with one count of incest. The starting point of his sentence was 10 years imprisonment. The end sentence arrived at was 6 years imprisonment.
20. Mr Willie referred to PP v Marae [2023] VUCA 23. This was a case involving incest where the end sentence of 6 years imprisonment was suspended for a period of 3 years. The appeal by the Public Prosecutor was against the suspension of the sentence. The Court of Appeal found there was no basis for a suspension of the sentence and set aside the order for suspension and community work. Sixty days pre-trial custody was deducted leaving an end sentence of 5 years 10 months imprisonment to be served in custody.
21. Mr. Willie submitted that a starting point of not more than 7 years imprisonment is warranted.
22. I have considered the submissions and cases referred to by Counsel. This case involves 3 counts of incest with a very young girl who is an only child. Taking into account the aggravating factors of the offending I adopt a global starting point of 10 years imprisonment to be served concurrently for each count.
Guilty Plea and personal factors
23. You pleaded guilty at the first available opportunity as a sign remorse therefore the sentence start point is discounted by 33 %.
24. A Same Day Report was filed on your behalf by your Probation Officer. The report reveals your personal details as follows. You are from Jarailan village, South Santo. You are a first-time offender. You come from a family of 9 children and you are the fourth child. You are married with a wife and you adopted 2 children. The report states that you look after and care for 14 children altogether. You completed your education at class 6 and could not continue due to financial difficulties. You earn your living through commercial and subsistence farming and gardening to support your family.
25. You hope to one day build a permanent house for your family and also open a retail shop.
26. Taking these factors into account I reduce your sentence start point by 4 months.
27. The report also states that you spent roughly 3 months pre-trial custody from 20 March 2026 to June 23 2026. This equates to 6 months imprisonment. The 6 months is deducted from the sentence start point.
28. Your probation officer also states that you performed a custom reconciliation with the victim witnessed by the Council of Chiefs of Ambrym in Luganville. The items you gave to the victim and her relatives were 4 bundles of taro and VT25,000 cash. This could not be verified with either the victim or the chief’s representative.
29. The sentence start point is further reduced by 2 months to reflect the custom reconciliation.
End sentence
30. I sentence you to an end sentence of 5 years and 9 months imprisonment effective immediately.
31. Given the seriousness of your offending and to maintain consistency in sentencing for this type of offending as highlighted by the authorities referred to, a custodial sentence is warranted to punish and condemn your actions and to emphasize public disapproval of such predatory behavior. It should also serve as a deterrence to you and the public at large.
32. 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