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Public Prosecutor v Kalo [2009] VUSC 3; Criminal Case 94 of 2008 (16 February 2009)

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

Criminal Case No. 94 of 2008

PUBLIC PROSECUTOR

V

ERICK PAKOA KALO

Coram: Justice N. R. DAWSON

Date of Hearing: 16th February 2009
Date of Sentence: 16th February 2009

Counsel: Mr. Obed for Public Prosecutor
Mrs. Pakoasongi for Accused

SENTENCE

Mr. Kalo you appear in Court today for sentencing on a charge of having possession of cannabis leaves contrary to Section 2 (62) of the Dangerous Drugs Act [Cap. 12]. At about 2:30 am on 3rd June 2008 at the Sea Side Area you and one of your brothers were drinking alcohol near the seaside mini market store. A police patrol passed by, stopped and approached you. They decide to take you to the police station because you were drunk and when you were searched they found you had possession of cannabis leaves. It appears that the amount of cannabis leave you has on you was 1.67 grams.

I have seen the Probation report which had been handed to me by defence counsel today. The probation report has been filed extremely late. Nevertheless, I have had the opportunity to read it and will proceed with sentencing you today.

In sentencing you Mr. Kalo it is necessary to hold you accountable for your actions. You decide to have possession of these cannabis leaves, you admitted in your probation report that you used cannabis from time to time and therefore you must face up and take responsibility for your actions. It is clear that cannabis use is increasing in Vanuatu and that is a cause of great concern to the public. I need to reflect the gravity of your offending in your sentencing.

In mitigation, you are 20 years of age, you entered a guilty plea at the earliest stage and you have no previous offending on your record. You have also indicated remorse through your probation report. It is clear from the sentencing trend in recent times that because of the increase use of marijuana in Vanuatu and the high level of concern that is causing the community that it is appropriate and consistent to enter a sentence of imprisonment.

I am therefore convicting and sentencing you to a term of imprisonment of 3 months. Given your age and the fact that you a first offender, I am suspending that sentence of imprisonment for 12 months. What that means Mr. Kalo is that if you keep out of trouble for the next 12 months then you will not go to prison. If you come back to Court again then that sentence of imprisonment may be re-imposed and that you will serve it. I am also sentencing you to 150 hours of community work.

Dated at Port Vila, this 16th day of February, 2009

BY THE COURT

N. R. DAWSON
Judge