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Public Prosecutor v Bule - Sentence [2006] VUSC 91; CRC 080 2006 (19 December 2006)

IN THE SUPREME COURT
OF THE REPUBLIC OF VANUATU
(Criminal Jurisdiction)

Criminal Case No.80 of 2006

PUBLIC PROSECUTOR

-v-

ANANAIS BULE

Coram: Chief Justice Lunabek

Ms Kayleen Tavoa, the Public Prosecutor for prosecution
Mr Peter Bartels for the Defendant

SENTENCE

This is the sentence of the Defendant, Ananais Bule. The Defendant was charged with the offences of Unlawful Possession of Cannabis, contrary to Section 2(13) of the Dangerous Drugs Act (DDA) [CAP.12] and that of Attempted to Sale Cannabis, contrary to Section 28 of the Penal Code Act [CAP.135] and Section 2(13) of the Dangerous Drugs Act [CAP.12]. On 14 December 2006, the Defendants pleaded guilty on both counts.

The brief facts are that on 28 September 2006 at about 11.30AM in Port-Vila, the Defendant had held a carton of cannabis plants. The cannabis were dried and packed into plastic bags and were in a yellow envelop inside the carton. The Defendant was arrested by the police. He admitted that he has in his possession cannabis plants and he admitted also that that he attempted to sale the cannabis. In 1999, the Defendant was sentenced to an imprisonment of 6 months suspended for 2 years for unlawful sexual intercourse with girl under protection.

In the present case the carton of cannabis weighed 622.80 grammes. The weight of the carton without the content is 0,90 KG.

The defence agreed with the facts as alleged by the prosecution.

The maximum penalty for such an offence is 100,000,000 Vatu or 6 months imprisonment or both.

The prosecution and the defence counsel refer the Court with various Court judgments dealing with drugs from the possession, cultivation, sale and importation of the cannabis.

The Court is told by the defence counsel. This case is a case about experimentation to get Vatu. Cannabis is now spreading in Vanuatu despite the prohibition by the Parliament. It is a serious offence. The range of aggravating within the local context is from use and possession of cannabis at the lowest range to the sale of cannabis on the middle range and cultivation which is the highest range on the local scale of individual drug offenders. The consideration of an organized and complex drugs networking involving sophisticated means must be differently considered. The Defendant pleaded guilty and cooperated with the police so that other drugs dealers could be dealt with according to law.

In the circumstance of the case, I sentence the Defendant, Ananais Bule to 2 months imprisonment for Unlawful Possession of Cannabis, contrary to Section 2(12) and 2 months imprisonment for Attempting to Sale the Cannabis, contrary to Sections 28 of the Penal Code Act [CAP.135] and 2(13) of the Dangerous Drugs Act [CAP.12].

I consider whether or not the sentence could be suspended. The Defendant pleaded guilty to the 2 charges. He cooperates with the police in his early admission while questioned by the police. He was also cooperating with the police when he informed the police that the quantity of cannabis he had on his possession on 28 September 2006 is not his but belonged to others. The sentence of 2 months imprisonment on each count to be served concurrently and suspended for 2 years.

The effect of the suspension is explained to the Defendant.

The Defendant has 14 days to appeal.

DATED AT PORT VILA this 19th day of December 2006

BY THE COURT

Vincent LUNABEK
Chief Justice