10 September 2018

JSMP: Summary of the trial process at the Baucau District Court - Violence, Domestic Violence, Rape & Murder

Summary of decisions reported by JSMP in Baucau District Court July 2018 Warren Leslie Wright
JSMP has published another qualitatively superior work on the courts. JSMP's commitment to the rule of law in East Timor is outstanding. The reports constitute a valuable resource for research as well as an insight into what is happening in East Timorese daily life. ETLJB applauds and commends JSMP for its works on the law and justice sector in East Timor. Editor ELTJB

1. Crime of Simple offences against physical integrity characterized as domestic violence Case No.: 0003/18. MNMNT Decision After evaluating all of the facts, the court found the defendant guilty of committing the crime based on the facts set out in the indictment. Based on the evidence the court ordered the defendant to pay a fine of US$ 15.00 to be paid in daily instalments of 50 cents for 30 days. The court also imposed an alternative penalty of 30 days in prison if the defendant does not pay this fine.

2. Crime of simple offences against physical integrity Case No.: 00237/18. MNMNT Decision After evaluating the facts the court found the defendant guilty of committing the crime against the victim. The court also considered that the defendant and victim had previously been in a relationship, but at the time of the incident they were no longer in a relationship. Therefore the court modified the charge of simple offences against physical integrity characterized as domestic violence to the crime of simple offence against physical integrity and validated the request to withdraw the complaint.

3. Crime of Simple offences against physical integrity characterized as domestic violence Case No.: 0012/17. BCEVN Decision After evaluating all of the facts, the court found the defendant guilty of committing the crime against the victim. Based on the evidence the court sentenced the defendant to 6 months in prison, suspended for 1 year.



4. Crime of Simple offences against physical integrity characterized as domestic violence Case No.: 0022/17. BCEVN Decision After evaluating the facts produced during the trial, the court found that the defendant punched the victim once in the head, slapped the victim once against the nose, and punched the victim once in the mouth which caused an injury and bleeding. Based on all of the facts that were proven and the relevant circumstances, the court sentenced the defendant to 1 year in prison, suspended for 2 years.

5. Crime of homicide and attempted homicide and joinder of crimes Case No. 0002/17. MNLLB
Decision After evaluating the facts produced during the trial, the court concluded this matter and found the defendant guilty of committing the crime of homicide against Vitoria Soares and Mariano Soares (deceased) and sentenced the defendant to 15 years in prison for each crime. For the crime of attempted homicide against the other 7 victims, the court sentenced the defendant to 6 years in prison for each crime and for the crime committed against the victim Santiago Soares the court sentenced the defendant to 3 years in prison.

The court accumulated the respective penalties and pursuant to Articles 66.2 and 66.3 of the Penal Code the maximum duration of a prison sentence is 30 years, therefore the court sentenced the defendant to 30 years in prison.

6. Crime of mistreatment of a spouse Case No. : 0007/17. LASIC Decision After evaluating all of the facts, the court found the defendant guilty of committing the crime based on the facts set out in the indictment of the prosecutor. However, the court also considered all of the circumstances in this case and sentenced the defendant to 2 years in prison, suspended for 2 years.

7. Crime of Simple offences against physical integrity characterized as domestic violence Case No.: 0004⁄17. VQWTL Decision After evaluating the facts produced during the trial, the court found the defendants guilty of committing the crime against the victim. Based on these considerations, the court concluded this matter and sentenced the defendant AdS to 1 month in prison, suspended for 1 year, and sentenced the defendant JP to 3 months in prison, suspended for 1 year three months.

8. Crime of simple offences against physical integrity Case No.: 00071∕17. BCBCV Decision
Based on the request of the victim to withdraw the case and the amicable agreement between the parties, the Court decided to validate the settlement.

9. Crime of simple offences against physical integrity Case No.: 00031∕17. BCVMS Decision Based on the request of the victim to withdraw the case and the amicable agreement between the parties, the court decided to validate the settlement.

10. Crime of Simple offences against physical integrity characterized as domestic violence Case No.: 0024/17. VQSIC Decision The court found the defendant guilty of committing the crime against the victim based on the facts set out in the indictment. Based on the evidence, the court concluded this matter and ordered the defendant to pay a fine of US$ 22.50 to be paid in daily instalments of 50 cents for 45 days. The court also imposed an alternative penalty of 30 days in prison if the defendant does not pay this fine.

11.  Crime of simple offences against physical integrity characterized as domestic violence Case No.: 0058/18. BCBCV Decision The court found the defendant guilty of committing the crime against the victim based on the facts set out in the indictment. The court concluded this matter and ordered the defendant to pay a fine of US$ 22.50 to be paid in daily instalments of 50 cents for 45 days, as well as court costs of US $ 10. The court also imposed an alternative penalty of 30 days in prison if the defendant does not pay this fine.

12.  Crime of Rape Case No.: 0536⁄12.PDBAU Decision After evaluating the facts produce during the trial, the court found that the defendant had sexual intercourse with the victim based on consent. A complaint was made to the police only when the victim became pregnant. Based on all of these considerations, the court decided to acquit the defendant from these charges.

13. Crime of making threats Case No.: 0001∕18.LALRO  Decision Based on the request of the victim to withdraw the case and the amicable agreement between the parties, the court decided to validate the settlement.

14. Crime of Simple offences against physical integrity characterized as domestic violence Case No.: 0001/18. BCEVN Decision After evaluating all of the facts, the court found the defendant guilty of committing the crime based on the facts set out in the indictment. Based on the evidence the court sentenced the defendant to 6 months in prison, suspended for 1 year.

15.  Crime of Simple offences against physical integrity characterized as domestic violence Case No.: 0007/17. LALRO. Decision After evaluating the facts produced during the trial, the court found the defendant not guilty of committing the crime against the victim, because during the incident the victim fell over and the defendant did not strike the victim with a hammer. Therefore the court acquitted the defendant from the charges of the public prosecutor.

16. Crime of simple offences against physical integrity characterized as domestic violence Case No.: 0019/17. VQOSU Decision After evaluating the facts produced during the trial, the court found the defendant guilty of committing the crime based on the facts set out in the indictment. Based on this evidence, the court concluded the matter and sentenced the defendant to 1 year and six months in prison, suspended for 2 years, and ordered him to pay court costs of US$20.

17. Crime of simple offences against physical integrity characterized as domestic violence Case No.: 0009⁄17.BCEVN Decision
After evaluating all of the facts, the court found the defendant guilty of committing the crime based on the facts set out in the indictment of the prosecutor. The court also considered all of the circumstances in this case and sentenced the defendant to 3 months in prison, suspended for 1 year.

18. Crime of simple offences against physical integrity characterized as domestic violence Case No.: 0038/17. MNMNT Decision
After evaluating all of the facts, the court found the defendant guilty of committing the crime based on the facts set out in the indictment. Based on this evidence and the circumstances in this case, the court concluded the matter and sentenced the defendant to two months in prison, suspended for 1 year, and ordered him to pay court costs of US$10.

19. Crime of simple offences against physical integrity characterized as domestic violence Case No.: 0004/18. LALMR Decision The court found the defendant guilty of committing the crime against the victim based on the facts set out in the indictment. Based on this evidence the court settled this matter and sentenced the defendant to 3 months in prison, suspended for 1 year. 

20.  Crime of mistreatment of a spouse Case No.: 0013/18. MNMNT Decision After evaluating the facts produced during the trial, the court found the defendant guilty of committing the crime based on the facts set out in the indictment of the public prosecutor. Based on all of the facts that were proven and the relevant circumstances, the court sentenced the defendant to 2 years in prison, suspended for 2 years.

21. Crime of simple offences against physical integrity characterized as domestic violence Case No.: 0003/18. MNNTB Decision After evaluating the facts produced during the trial, the court found the defendant guilty of all of the charges set out in the indictment of the public prosecutor.  The court concluded the matter and ordered the defendant to pay a fine of US$ 60 to be paid in daily instalments of US$ 1 for 60 days as well as court costs of US$ 10. The court also imposed an alternative penalty of 40 days in prison if the defendant does not pay this fine.

22. Crime of simple offences against physical integrity characterized as domestic violence Case No.: 052/18. MNNTB Decision The court found the defendant guilty of committing the crime against the victim based on the facts set out in the indictment. The court concluded the matter and ordered the defendant to pay a fine of US$ 90 to be paid in daily instalments of US$ 1 for 90 days as well as court costs of US$ 10. The court also imposed an alternative penalty of 60 days in prison if the defendant does not pay this fine.

23. Crime of simple offences against physical integrity characterized as domestic violence Case No.: 0045/17. VQSIC Decision After evaluating the facts the court found the defendant guilty of committing the crime against the victim. Based on the evidence the court sentenced the defendant to 3 months in prison, suspended for 1 year.

24. Crime of simple offences against physical integrity characterized as domestic violence Case No.: 0053/17. VQSIC Decision After evaluating the facts produced during the trial, the court found the defendant guilty of committing the crime based on the facts set out in the indictment. Based on the facts that were proven, the court sentenced the defendant to 10 months in prison, suspended for 1 year.

25. Crime of simple offences against physical integrity Case No.: 0006/18. MNMNT Decision
After evaluating the facts produced during the trial, the court found the defendants guilty of committing the crime against the victims. Based on these considerations, the court concluded this matter and ordered the defendants to pay a fine of US$ 30 to be paid in daily instalments of 50 cents for 30 days. The court also imposed an alternative penalty of 40 days in prison if the defendants do not pay this fine.

26. Crime of simple offences against physical integrity Case No.: 0002/18. MNLCL Decision After evaluating the facts produced during the trial, the court found the defendant guilty of committing the crime against the victim. The court concluded this matter and sentenced the defendant to 4 months in prison, suspended for 1 year.

27. Crime of simple offences against physical integrity characterized as domestic violence Case No.: 0064/17. MNMNTDecision The court concluded the matter and ordered the defendant to pay a fine of US$ 90 to be paid in daily instalments of US$ 1 for 90 days as well as court costs of US$ 10. The court also imposed an alternative penalty of 60 days in prison if the defendant does not pay this fine.

28. Crime of simple offences against physical integrity characterized as domestic violence Case No.: 0002/17. VQWCB Decision The court found the defendant guilty of committing the crime based on the facts set out in the indictment of the public prosecutor. Based on the aforementioned facts, the court sentenced the defendant to 3 months in prison, suspended for 1 year, with court costs of US$10.

29. Crime of simple offences against physical integrity characterized as domestic violence Case No.: 0080/18. BCBCV Decision After evaluating the facts that were proven during the trial, the court concluded the matter and sentenced the defendant to 3 months in prison, suspended for 2 years and ordered the defendant to pay court costs of US$ 30.

30. Crime of simple offences against physical integrity characterized as domestic violence Case No.: 0072/18. BCBCV Decision After evaluating all of the facts, the court found the defendant guilty of committing the crime based on the facts set out in the indictment. Based on the mitigating circumstances, namely the defendant confessed, regretted his actions, has reconciled with the victim and was a first time offender, the court ordered the defendant to pay a fine of US$45 to be paid in instalments of US$1.00 per day for 45 days and ordered the defendant to pay court costs of US$10. The court also imposed an alternative penalty of 30 days in prison if the defendant does not pay this fine.

31. Crime of simple offences against physical integrity characterized as domestic violence  Case No.: 0001/18. MNLCL Decision The court found the defendant guilty of committing the crime against the victim based on the facts set out in the indictment.  Based on the aforementioned facts, the court sentenced the defendant to 6 months in prison, suspended for 1 year, with court costs of US$30.

32. Crime of mistreatment of a spouse Case No.: 0004/17. MNLLA Decision After evaluating all of the facts and relevant circumstances in this case, the court found the defendant guilty of committing the crime against the victim based on the facts set out in the indictment. Based on the facts that were proven, the court sentenced the defendant to 2 years in prison, suspended for 3 years.
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