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Public Prosecutor v Toka [2019] VUSC 145; Criminal Case 1500 of 2019 (21 October 2019)

IN THE SUPREME COURT OF VANUATU Crim Case

HELD AT LAKOTORO Case No. 19/1500/CRML

BETWEEN: Public Prosecutor

AND: Tawi Toka

Date of Hearing: 21 October 2019

Court: G.A Andrée Wiltens

Counsel: Mr L. Young for the Public Prosecutor

Ms L. Bakokoto for the Defendant

JUDGMENT

1. Mr Tawi pleaded guilty to possession of possession of cannabis substance. The maximum sentence for that offence is 20 years imprisonment and/or a fine of up to VT 1 million.
   
2. Mr Tawi’s quantity of cannabis is unspecific, but a blown up photograph of the contents of a match box shows the cannabis plant to equate to perhaps 10 match heads in size. It could be called microscopic. This case is clearly at the very bottom of the scale of seriousness.
   
3. The early plea, Mr Tawi’s relative youth (21 years of age) and taking into account the minute quantity of drugs satisfied me that the appropriate sentence for Mr Tawi was a conviction without further penalty being imposed. I saw no need for a pre-sentence report, nor any rehabilitative steps to be imposed.
   
4. I direct the cannabis be destroyed.
   

Dated this 21^stday of October 2019 at Lakatoro Supreme Court

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Justice G.A. Andrée Wiltens