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Public Prosecutor v Meto [2010] VUSC 29; Criminal Case 30 of 2010 (14 May 2010)

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

Criminal Case No. 30 of 2010

PUBLIC PROSECUTOR

v.

MAI METO

Coram: Justice N. R. DAWSON

Date of Decision: 14th May, 2010

Counsel: Mr. T. Karai for Public Prosecutor
Mr. A. Bal for the Accused

SENTENCE

1. Mr. Meto appears in Court today for sentencing on a charge of possession of cannabis. The complainant is a Chief of a village name Emae and made a complaint against Mr. Meto for unlawful possession of cannabis leaves on the 26th January 2010, which lead to the arrest of Mr. Meto.
   
2. I note Mr. Meto that you have no previous convictions and you are 25 years of age. I have read the probation report and also submissions filed in the Court on your behalf by your counsel. In sentencing you is necessary to impose a sentence that will promote a new sense of responsibility so you do not offend again and do not come back to Court again. In my view there are no aggravating features I need to take in to account in sentencing you today. There are mitigating factors; the first is you entered a guilty plea at an early stage, you have expressed remorse, and you a person of good character. The Probation Report also notes that you were remanded in custody from the 23rd February 2010 and released on bail on the 20th April 2010.
   
3. For an offence of this nature, a sentence of imprisonment would normally be imposed for a term of 3 months. After taken into account the mitigating features I am prepared to reduce that to community work sentence of 100 hours. However I take into account that you spent nearly 2 months in custody while on remand and on that basis you are convicted today for the offence but no further sentence will be imposed. I also made an order that the cannabis material seized in evidence be destroyed.
   
4. Mr Meto you have the right to appeal the sentence. For any appeal you must lodge a notice of appeal in 14 day of today’s dates.
   

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

BY THE COURT

N. R. DAWSON
Judge.