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.