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Public Prosecutor v Manaseh [2012] VUSC 265; Criminal Case 129- 12 (18 December 2012)

IN THE SUPREME COURT
OF THE REPUBLIC OF VANUATU
(Criminal Jurisdiction)
Criminal Case No. 129 / 2012
PUBLIC PROSECUTOR
V
ALICK MANASEH

Hearing: 18 December 2012

Before: Justice Robert Spear

Appearances: Leon Malantugun for the Prosecution

Andrew Bal for the Defence

CONVICTION AND SENTENCE

1. The defendant has been arraigned today on an indictment containing one count of possession of cannabis and one count of being idle and disorderly. He has pleaded guilty to possessing cannabis and not guilty to being ideal and disorderly. In the circumstances, Mr Malantugun indicates that the prosecution accepts that the plea of guilty to the possession of cannabis charge will be sufficient to address the criminality of the defendant's actions. No evidence will be offered on count 2 and in that respect a nolle prosequi is entered and the defendant is discharged.
   
2. The defendant is convicted on count 1 – possession of cannabis.
   
3. The summary of facts had been explained orally by Mr Malantugun. That explanation is not disputed. The defendant was found with one joint of cannabis weighing .22 grams. That is at the lower end of the scale for seriousness of this type of offending. Counsel for both prosecution and defence accept that a modest sentence of community work will be sufficient.
   
4. I agree. You are sentenced to 40 hours community work. You will report to the Court office at 3 pm today for service of the community work order.
   
5. You have 14 days to appeal this sentence if you do not accept it.
   

BY THE COURT