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Public Prosecutor v Mael [2009] VUSC 18; Criminal Case 60 of 2006 (27 March 2009)

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

Criminal Case No. 60 of 2006

PUBLIC PROSECUTOR

V

SAKI MAEL
MICHEL TABI

Coram: Justice N. R. DAWSON

Date of Hearing: 27th March, 2009

Date of Sentence: 27th March, 2009

Counsels: Mr. Obed for Public Prosecutor
Mr. Bennett for Accused

SENTENCE

1. Mr. Mael you appear in Court today for sentencing on the charge of Unlawful Possession of Cannabis Leaves. The facts of the matter are that on or about 7th September, 2006 you and a co-ofender took with you cannabis leaves to a residence in the Anamburu area smoked it. After you smoked it you asked the girls who were there with you to smoke cannabis leaves also. They refused and contacted the police instead who attended and arrested you. There was no indication to the Court that the quantity of cannabis you had was for anything other than personal use and I will be sentencing you on that basis.

2. I note that you have no previous convictions and the Court is proceeding to sentence you today without the benefit of a probation report as you have through your counsel agreed to proceed with your sentencing today without a probation report being required.
   
3. In sentencing you today Mr. Mael it is necessary that I impose a sentence that will promote within you a sensible responsibility so this type of offending does not happen again. Cannabis use is becoming too prevalent in Vanuatu and you do not want to run the risk of offending in this way again because if you do you will go to prison. It is also necessary for me to denounce your behaviour and make it clear that use of cannabis is not acceptable in this community. There are no aggravating features I need to take into account when I sentence you today. In mitigation you were 20 years of age at the time of the offending, I note that you are 24 years of age now. You entered a guilty plea at an early stage and you are entitled to the benefit of that early guilty plea.
   
4. In my view an appropriate sentence for you would be a sentence of imprisonment for 2 months. I note however that 2 ½ years have passed since the offending took place and the delay between your entering a guilty plea and being sentenced is not your making. You therefore cannot be blamed for that delay. To your credit you have used that period of delay to show that you can behalf and act in a way without re-offending. And because you have been able to prove that you can avoid re-offending I am not going to sentence you to imprisonment today. But if you offend like this again you would go to prison. Today I am convicting and sentencing you to 100 hours of community work. That is the only sentence I am imposing.
   
5. You have the right to appeal this sentence. When you appeal you must lodge a notice of appeal within 14 days of today’s date.
   

Dated at Port Vila, this 27th day of March, 2009

BY THE COURT

N. R. DAWSON
Judge