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Public Prosecutor v Jackson [2022] VUSC 175; Criminal Case 2642 of 2022 (11 October 2022)

Coram: Hon. Justice Oliver A. Saksak

Counsel: Mr L. Young for the State
Ms. L. Bakokoto for the Defendant

Date of Plea: 4^th October 2022

Date of Sentence: 11^th October 2022

SENTENCE

1. Amon Jackson pleaded guilty to one charge of possession of cannabis on 4^th October 2022. He is for sentence today.
   
2. Sometimes between 4^th and 6^th September 2020 at Ipota, Erromango Island, the accused had in his possession cannabis substances. He had supplied 5 packages of the substance to another man named Seth Tangar.
   
3. Philip Tangar, the father of Seth Tangar found out and reported the incident to the Police on 6^th September 2020.
   
4. The Police investigated and confiscated the substances weighing 21 grams.
   
5. When questioned by the Police on 7^th September 2020, the accused made admissions of possessing cannabis and that he gave 5 packages of VT100 each to Seth Tangar so he could sell to school students. He admitted having a branch of cannabis plant which he was drying up at home which he gave to the Police during their investigations.
   
6. The maximum penalty for this offence is VT100 million in fine and up to 20 years imprisonment. These indicate that this is a very serious offending.
   
7. There is no mitigating circumstances for the accused having in his possession cannabis plants.
   
8. The offence is aggravated by the fact that he supplied the cannabis to another person for the purposes of selling it to school students.
   
9. I am of the view that the appropriate sentence is to be a custodial sentence so as to deter the accused and other like-minded persons. It is also to show the gravity of the offending and to protect students as the vulnerable members of the society.
   
10. The starting sentence for the accused shall be 18 months imprisonment.
    
11. In mitigation I consider that the accused is a young man of 24 years old. He admitted his offending to the Police during investigation and has pleaded guilty to the charge. This indicates remorse on his part. There has been some delay in presenting his case. He has an unblemished record. And he has served 4 months and 23 days in custody on remand. For all these factors together I reduce his sentence by 10 months.
    
12. His balance of sentence is 8 months imprisonment which is his end sentence. I order that these be suspended for a period of 3 years. That means the accused will not go to prison today but is to return to his village, but he must remain offence-free for a period of 3 years. If he commits this offence again or any other offence for which he would be charged and convicted, he will go to prison to serve his end sentence of 8 months imprisonment.
    
13. That is the sentence of the Court on the accused. He has a right of appeal against this sentence within 14 days if he does not agree with it.
    

DATED at Port Vila, this 11^th day of October, 2022.

BY THE COURT

Oliver A. SAKSAK
Judge.