Public Prosecutor v Vira
SENTENCE
Introduction
1. Andrew Vira and Lampsen Vira you both pleaded guilty to one count of criminal trespass (count1) and one count of unlawful entry of a dwelling house (count 2). Lampsen Vira, you pleaded guilty to one count intentional assault where damage caused is of a temporary nature.
2. The maximum penalty for these offences are: -
• Criminal trespass – imprisonment for 1 year
• Unlawful entry of a dwelling house used for human habitation – imprisonment for 20 years
• Intentional assault where damage is of a temporary nature – imprisonment for 5 years
The Facts
3. On the night of 20 February 2026, you had some alcohol drinks which made your very drunk.
Count 1
4. At the relevant time you both entered the yard of the victim, Shina Napong with a view to assaulting her.
5. With that in mind you entered her yard.
Count 2
6. At that time the victim was in her house and she was already asleep.
7. She was lying down on her bed and heard you making noises outside her house.
8. At the same time she heard a loud noise on her door and saw you both entering the house.
Count 3
9. When you both entered the victim’s house Lampsen Vira you assaulted the victim on her face with your hand and leg.
10. You also kicked her ribs with your leg.
11. At that time the victim was 6 months pregnant.
12. During the assault, family members assisted in stopping you from continuing the assault on the victim.
13. As a result of the assault the victim lost a lot of blood.
14. The assault resulted injuries to the victim’s body which were confirmed by her medical report.
Starting point of sentence
15. The starting point of sentence is assessed by considering any aggravating or mitigating factors of the offending with reference to the maximum penalties of the offence charged. The maximum sentence available for criminal trespass is I year imprisonment. For unlawful entry of a dwelling house used for human habitation the maximum sentence available is VT 20 years imprisonment. Similarly for intentional assault causing damage of a temporary nature, the maximum sentence available is 5 years imprisonment.
16. I accept the following factors submitted by the prosecution as the aggravating factors of the defendants’ offending namely:
• There was an element of planning involved;
• There is a breach of trust as the defendants are related to the victim;
• The victim suffered injuries to her body as a result of the assault;
• The offending occurred in the home were the victim should be protected;
• The offending occurred at night.
17. There are no mitigating factors of the offending.
18. A number of cases were cited by the prosecution as comparable with the current case. For unlawful entry of a dwelling house, the Court in PP v Iotil Reynald Rarai Criminal Case No 3621/25 adopted a starting point of 3 years and ended with an sentence of 2 years imprisonment which was then suspended. The facts are similar to the current case in that the defendant entered the complainant’s house at night intending to commit an offence.
19. I PP v Alixon Aru & Ors Criminal Case No 26/1990 the defendants pleaded guilty to criminal trespass. The starting of sentence was 5 months imprisonment. For intentional assault causing temporary injury, reference was made to PP v Elison Betwel Criminal Case No 26/1992 where the starting point of sentence applied was 16 months imprisonment reduced to an end sentence of 12 months imprisonment. The sentence was not suspended due to the seriousness of the offending
20. The prosecution submitted that the appropriate starting point of sentence for each defendant should be 3 years imprisonment and the end sentence should not be suspended given the serious nature of the offending.
21. The defence concedes and accepts the aggravating factors as highlighted above. They submitted that a starting point of 3 years for unlawful entry is within range and 6 months imprisonment for intentional assault causing temporary injury and 3 months for criminal trespass to be served concurrently by both defendants.
22. I adopt a global starting point of sentence 3 years imprisonment to served concurrently by each defendant.
Personal factors
23. Both defendants pleaded guilty at the first available opportunity as a sign of remorse. The sentence start point is therefore discounted by 33%.
Andrew Vira
24. A Same Day Report was filed on his behalf as directed. The report states that you are a first time offender and you are 19 years of age. You are from big nanuku on the island of Malo. You are single and you are the fourth child out of six brothers. One of your brothers is Lampsen Vira your co offender. You left school at year 10 at Nandiutu Secondary School on Malo. From there you attended Vanuatu Institute of Technology for one year and graduated with a certificate in automotive mechanics. You earn your livelihood as a farmer selling cattle, pigs and chicken. You also sell copra. You are an active member of your community and you help out with community activities.
25. Taking these factors into account I reduce the sentence start point by 4 months.
26. The report also states that you performed custom reconciliation by giving VT 5000 as a fine for trespass and VT 15000 for the assault. Taking this into account I reduce the sentence start point by 1 month.
Lampsen Vira
27. A Same Day Report was also filed on your behalf. his behalf.
28. You are also from big Nanuku on Malo and you are a first-time offender You live in a defacto relationship with your wife and you have a four-month-old daughter. You are the third child out of six brothers including Andrew Vira your co offender. You are now 21 years of age. You left school at year 12 at Tata school due to financial difficulties. You are also are farmer and you earn your living by selling cattle, pigs and chicken. You are an active member of your community.
29. Taking these factors into account I reduce the sentence start point by 4 months.
30. The report also states that you performed custom reconciliation by giving VT 5000 as a fine for trespass and VT 15000 for the assault.
31. Taking this into account I reduce the sentence start point by 1 month.
End sentence
32. You are both sentenced to 18 months imprisonment to be concurrent on each count.
33. Counsel on your behalf submits that I should suspend your sentences.
34. I have considered the requirements for suspension of a sentence under s57 of the Penal Code. I have taken into account your youth and the fact that you are both first time offenders I will suspend your sentences for a period of 2 years. If you reoffend during the period of your suspended sentence, your sentences will be reactivated to be served in custody.
35. In addition, I also order that each of you will perform 100 hours of community work.
36. 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