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Public Prosecutor v Molisa [2009] VUSC 186; Criminal Case 17 of 2009 (28 April 2009)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
(Criminal Jurisdiction) CRIMNAL CASE No.17 OF 2009

PUBLIC PROSECUTOR - v - SAI MOLISA


Coram: Chief Justice Vincent Lunabek

Counsel: Ms Kayleen Tavoa, the Public Prosecutor
Ms Bertha Pakoasongi for the Defendant

SENTENCE

Defendant Sai Molisa is charged and pleaded guilty to possession of cannabis, contrary to Section 2(13) of the Dangerous Drugs Act [CAP.12].

The Defendant is from Santo and lives in Port-Vila area. On 17 April 2007, at Anabrou area, he had in his possession 2 plastic containing leaves of cannabis plants and the Defendant knew they were prohibited by the laws of Vanuatu.

The pre-sentence report was produced dated 16 April 2009. I read the report and take into account what was said in the said report.

The cannabis found in the possession of this Defendant weighed 1,272.01 grammes. It is over 1Kg of cannabis.

The Defendant is remanded of the seriousness of the offences of possession of the cannabis which is reflected in the heavy high maximum penalties imposed by law.

Defendant Sai Molisa is sentenced to 5 months imprisonment suspended for 12 months.
12 months suspension be spent under special condition by attending and participating in any probation programme and/or counseling or education as directed by the Probation Officer.

DATED at Port-Vila this 28^th day of April 2009

BY THE COURT

Vincent LUNABEK
Chief Justice