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Public Prosecutor v Tobi [2014] VUSC 145; Criminal Case 117 of 2014 (14 October 2014)

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

CRIMINAL CASE No.117 OF 2014

PUBLIC PROSECUTOR

- v –

FRANK TOBI
ISAAC DAVID TOMAKI

Coram: Vincent Lunabek CJ
Counsel: Mr Damien Boe for Public Prosecutor
Mr Francis Tasso for the Defendants

Date: 14 October 2014

SENTENCE

This is the sentence for Defendants Frank Tobi and Isaac Tomaki. You both appear this morning for sentence. You are both charged with one Count of possession of cannabis, contrary to s.2 (62) of the Dangerous Drugs Act [Cap 12]. You both pleaded, guilty to that offence yesterday Monday 13 2014 at Rovo Bay, Epi.

That facts of your offending are as follow:

The complainant is a police officer, Andrew George who received a phone call from a police officer stationed at Rovo Bay who informed that you transported in your bags cannabis substance and travelled on board MV Brooklyn to Port Vila on 10 June 2010. You arrived at Port Vila on board MV Brooklyn on 12 June 2010. You both came off of the ship at Star wharf. You took a bus to Fresh Water. Police Officers in Port Vila arrived at Star-Wharf on 12 June 2014, monitored your movement to Fresh Wota and spotted you standing with your bags at the location of Isaac Store at Fresh Wota. Police Officers arrested you both and searched you both. Each of you was found in possession of cannabis substance on 13 June 2014, you are both interviewed and cautioned. You both admitted you have cannabis substance in your possession.

Police Officers found a package of Cannabis material in the bag of Isaac David Tomaki. The weight of the package was 128.40 grams. The weight of Cannabis substance was 116.44 grams. Police Officers also found two (2) packages of cannabis in the bag of Frank Tobi weighing 173.75 grams. The cannabis materials were tested and they reacted positively to the test examination.

You have broken the law of Dangerous Drugs Act (Cap 12) of being in possession of cannabis material. Section 2 (62) prohibits a person to have in his or her possession cannabis material. The law imposes a maximum penalty for this office of 100 million Vatu fines or 20 years imprisonment or both fines and imprisonment. The penalty is a very high and severe one. It reflects the seriousness of this offending.

When I consider your sentencing, I take into consideration the submissions of the Public Prosecutor and case authorities the Public Prosecutor relies upon. I also take into account of the submissions and case authorities relied upon by your Counsel on your behalf. I further consider the facts of your individual offending and personal situation.

Frank Tobi.

You are from Nuvi Village, East Epi. You are 27 years of age. You are married and have 2 children of very young age. You have 2 brothers and 2 sisters. You sustain your daily life through the sale of Kava and Farming produce. Your mother deserted you and your brothers and sisters when you were a child. You are the President of Youth in your village. You are the secretary of your village council. You are also the President of your village soccer team. You are a member of Nikaura Primary School. You left your education at year 10. You are a first time offender. You plead guilty at the First time opportunity given to you by the Court. You are remorseful. You say sorry for your actions. You cooperate with the Police. You have spent 24 hours in detention. Your family performed some custom reconciliation with your chief.

On balance, you are sentenced to 12 months imprisonment suspended to 2 years. In addition, you are ordered to serve 80 Hours of community work.

Isaac David Tomaki.

You are from Locobue Village, East Epi. You are 36 years of age. You are married and have 4 children. Your first child is in year 7 at a Secondary School. Your other children are in the primary school except the last child who is too young. You are a farmer. You live from the sale of your farming produce. You have 2 brothers and sisters. You are the First born of your family and you are responsible to look after your old parents. You are the chairman of building committee in your village, President of Vasu area, treasurer of village council. You are a member of PPP political party in your area. You are a first time offender. You plead guilty at the first opportunity given to you by the Court. You are remorseful. You say sorry for your actions. You cooperate with the Police. You spent 24 Hours in detention. Your family performed some custom ceremony to your chief in the presence of police officers.

You are sentenced to 12 months imprisonment suspended for 2 years. In addition, you are ordered to perform 80 Hours of community work.

Frank Tobi and Isaac David Tomaki, you have 14 days to appeal your sentence if you are unsatisfied with it.

DATED at Rovo Bay, Epi this 14th day of October 2014

BY THE COURT

Vincent LUNABEK
Chief Justice