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Public Prosecutor v Moli [2009] VUSC 46; Criminal Case 27 of 2008 (9 February 2009)

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

Criminal Case No. 27 of 2008

PUBLIC PROSECUTOR

V

WILKINS MOLI

Mr Justice Oliver A. Saksak
Mrs Anita Vinabit – Clerk

Mr Lent Tevi and Mr Gregory Takau for Public Prosecutor
Mr Kevin Nathan for the Defendant

SENTENCE

1. Wilkins Moli you pleaded guilty to one count of unlawful possession of cannabis plants contrary to section 2 of the Dangerous Drugs Act Cap. 12.
   
2. The maximum penalty for this offence is 20 years imprisonment or 100 million vatus in fines. These indicate the seriousness of this crime.
   
3. You are a 21 year old boy with good educational background and have acquired some mechanical skills. It is therefore a pity that you should allow all that to fall to nothing by your decision to start engaging in the business of drugs. You are risking your life and your future.
   
4. It is good you pleaded guilty at the first available opportunity. You are a first-time offender. The Court would hope that by imposing this sentence on you today, you will take it as a deterrence which would ensure there are no recurrences of this offending in your life.
   
5. I have considered all submissions by the Prosecutor and the defence counsel. I have also seen the pre-sentence report by the Probation Service.
   
6. I accept the appropriate Sentence for you is to be a Sentence of Community Work.
   
7. I accordingly convict you of unlawful possession of cannabis and impose a Sentence of 50 hours of Community Service.
   
8. An Order will issue later but you must report to the Probation Service within the next 72 hours.
   
9. This Sentence is imposed pursuant to Sections 58N and 58P of the Penal Code Act Cap. 135, as amended.
   
10. That is the Sentence of the Court.
    

DATED at Luganville this 9th day of February 2009.

BY THE COURT

OLIVER A. SAKSAK
Judge