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Public Prosecutor v Noel [2014] VUSC 102; Criminal Case 114 of 2014 (22 August 2014)

IN THE SUPREME COURT OF THE REPUBLIC OF VANUATU
(Criminal Jurisdiction)
Criminal Case No. 114 of 2014

PUBLIC PROSECUTOR

V

DONDON NOEL

Coram: Mrs. Justice M.M.Sey

Counsel: Mr. Ken Massing for Public Prosecutor
Mr. Junior Garae for the Defendant

Date: 22nd August 2014

SENTENCE

1. On the 18th day of August 2014, the defendant Dondon Noel was convicted by this Court after he pleaded guilty to one count of unlawful possession of cannabis contrary to section 2(62) of the Dangerous Drugs Act [CAP 12].
   
2. No dispute is taken as to the summary of facts presented by the prosecutor. The net weight of the cannabis is said to be 0.372 grams and it was found in the defendant's pocket.
   
3. The Court had ordered a pre-sentence report to be prepared on the defendant and this Order was complied with. I am grateful to the correctional services for its assistance in this regard. I have also found the sentencing submissions filed by both the prosecutor and defence counsel very useful.
   
4. I have perused the pre-sentence report which outlines the defendant's personal circumstances as follows:

Mr. Noel is 20 years old and he is a first time offender. His home island is Mota Lava but he was brought up by his grandparents at Second Canal Area in Luganville, Santo during his childhood and after the separation of his parents who now have new partners.

5. I have also noted the following matters which I find significant:

• The defendant is a very quiet and good boy.
  
• He is a year 10 leaver and he had commenced preliminary studies through the University of the South Pacific but withdrew to pursue a temporary job with Digicel Vanuatu in May 2014.
  
• Prior to commencing his studies, he had worked in a private garage assisting with general duties until 2012. Through this he acquired skills in mechanism and also carpentry and joinery by assisting his grandfather with his carpentry and joinery firm. His determination is to pursue his father's profession as a mechanic.
  
• He is unemployed but supports his grandparents with home chores and joinery work to sustain a livelihood.
  
• He is a member of the Presbyterian Church.
  
• He blames his parent's separation as well as his peer group as contributing factors to his consumption of alcohol and cigarettes and marijuana.
  

6. In arriving at my sentence, I have taken into consideration a number of mitigating factors, namely:

1. Mr. Noel immediately admitted his offending and cooperated well with Police.
   
2. He has pleaded guilty at the first opportunity.
   

100. A first time offender with no prior convictions.
     

4. Good work and school history.
   
5. He is very remorseful and regrets his actions.
   
6. He blames his parent's separation as well as his peer group as contributing factors leading to his consumption of alcohol and marijuana.
   

7. The prosecutor has referred me to section 17 of the Dangerous Drugs Act which provides the penalty for contravention of the Act and he has submitted that a sentence of 5 - 6 months imprisonment, which could then be suspended, would be appropriate.

8. Having taken into consideration relevant case authorities such as Public Prosecutor v Tuk Sope (2004) VUCA and Public Prosecutor v Mark Tining & Henry Tining, Criminal Case No. 01 of 2014, and having considered the aggravating and mitigating factors as shown in the pre-sentence report, I am of the view that this case can appropriately be dealt with by a sentence of community work.

9. In the circumstances, Dondon Noel you are hereby sentenced to carry out 40 hours community work coupled with supervision. You are also to undertake "Niufala Rod Prokram."

10. The said sentence recognizes your early guilty plea. Nonetheless, you are neither to re-offend in this manner nor commit any other criminal offence from now on.

11. You have 14 days within which to file a notice of appeal against this sentence if you do not like it.

12. The Court also hereby Orders that the cannabis found in the defendant's possession be condemned in accordance with section 18(1)(b) of the Dangerous Drugs Act [CAP 12].

DATED at Luganville, Santo this 22nd day of August 2014.

BY THE COURT

M.M.SEY
Judge