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Public Prosecutor v Haul [2010] VUSC 28; Criminal Case 25 of 2010 (14 May 2010)

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

Criminal Case No. 25 of 2010

PUBLIC PROSECUTOR

v.

PETER HAUL

Coram: Justice N. R. DAWSON

Date of Decision: 14th May, 2010

Counsel: Mr. G. Takau for Public Prosecutor
Mr. E. Molbaleh for the Accused

SENTENCE

1. Mr. Haul you appear in Court today for sentencing on a charge of possession of cannabis. The complainant is a Police Officer who is currently working at the Vila Police Station. On the 30th of March 2008 he was at work when he received a phone call from a staff member of Club Vanuatu seeking assistance, on arrival there a security officer brought you to the policeman and handed across a roll of marijuana or cannabis which looked to be a roll that was ready to be smoked. They arrested you, and took you to the police station. At the police station and you took out a piece of paper which contained some dry cannabis leaves in it.
   
2. Mr. Haul, I have read the Probation Report and I have also read and take into account the submissions that have been filed on your behalf by your defence counsel. In sentencing you is necessary to impose a sentence that you encourage a sense of responsibility within you.
   
3. I also take into account your background which appears to be offence free which is mark in your favour.
   
4. I find there are no aggravating factors to take into account, but there are mitigating factors including your early guilty plea, your remorse that you’ve expressed, and that you’re a person of good character, and have no previous convictions.
   
5. I note that you are 25 years of age; the Probation Report notes that you have not performed any custom ceremony but that you are wiling to perform one. The recommendation for Probation Service is a community based sentence.
   
6. The ordinary starting point for a sentence for a conviction of this kind would be a sentence of imprisonment. I now take into account mitigating factors that I have mentioned and impose a community based sentence. You are convicted to 100 hours community work and also I sentence to attend supervision for 9 months. The conditions of your supervision are:
   
   1. To undertake Niufala Rod Program.
   2. Undertake Spiritual Counseling.
   3. Not to reoffend.
      
7. I also make an order for destruction of cannabis that was taken in evidence.
   
8. You have the right to appeal this sentence. For any appeal you must lodge a notice of appeal in 14 days of today’s date.
   

DATED at Port Vila, this 14th day of May, 2010.

BY THE COURT

N. R. DAWSON
Judge.