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Public Prosecutor v Kiri [2008] VUSC 81; Criminal Case 66 of 2006 (16 December 2008)

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

Criminal Case No. 66 of 2006

PUBLIC PROSECUTOR

V

CHANNEL KIRI

Coram: Justice N. R. DAWSON

Date of Hearing16th December, 2009

Date of Decision16th December, 2009

Counsels: Mrs. Laumae for Public Prosecutor
Mr. T. Loughman for Accused

SENTENCE

1. Mr. Kiri you appear in Court today for sentencing on two charges. The first is a charge of Possession of Cannabis Plants and Seeds, the second is for the Cultivation of Cannabis. I note that the maximum sentence for the Cultivation of Cannabis is 20 years, which is an indication of the seriousness of this particular crime. The facts of the matter are that on 10th August, 2006, seven pots of Cannabis seedlings and seven seeds of Cannabis plant were found at your house at Ifira Island. These seedlings had been planted by you. The seeds were found in a peanut butter container in water and had already start to germinate. You admitted planting the seven seedlings of Cannabis.
   
2. I have read your probation report that has been prepared for you and I have also read the submissions from the Public Prosecutor and also from your defence counsel. In sentencing you today it is necessary to hold you accountable for your actions and to impose a sentence that will promote within you a sense of responsibility in the hope that this offending will not occur again in the future. It is also appropriate that I denounce your behaviour and make it clear to you that cannabis use and cultivation is not acceptable in this community. I need to impose a sentence that will act as a deterrent to you and others not to be involved in this sort of offending. In particular the community is entitled to be protected from the presence of Cannabis in the community that might be grown by you.
   
3. There are no aggravating features related to your offending. In mitigation you are still 20 years of age and you entered guilty pleas at an early stage. Up until now you have also been a person of good character. Your probation report writer indicates that you are remorseful for what you did and that you would be willing to perform a custom ceremony. It also notes that you are 18 years of age which is at variance to the other information received by the Court indicating you are 20 years of age. In either case you are still a young man with no previous convictions on your record.
   
4. In sentencing you today for this offence it would be appropriate to adopt a starting point of 6 months imprisonment. Taking into account the mitigating factors you are convicted and sentenced to 4 months imprisonment. Due to the mitigating factors I have already mentioned I am suspending that term of imprisonment for a period of time of 2 years from today. That is the sentence I am imposing for the Cultivation of Cannabis. With respect to charge of Possession of Cannabis you are convicted and sentenced to 2 months imprisonment to be served concurrently and that sentence is also suspended to 2 years from today.
   
5. Mr. Kiri you have the right to appeal this sentence. For any appeal you must lodge a notice of appeal within 14 days of today’s date.
   

Dated at Port Vila, this 16th day of December, 2008

BY THE COURT

N. R. DAWSON
Judge

[The tape recording the sentencing was lost. These sentencing notes are a reconstruction by Judge Dawson of the sentencing from his sentencing notes.]