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Public Prosecutor v Jonah [2019] VUSC 46; Criminal Case 2707 of 2016 (10 April 2019)

IN THE SUPREME COURT OF Criminal

THE REPUBLIC OF VANUATU Case No 16/2707 CRML

BETWEEN Public Prosecutor

AND Johnson Jonah

Defendant

Date: 10 April 2019

Before: G.A. Andrée Wiltens

Counsel: Ms K. Mackenzie for the Public Prosecutor

Defendant (absent) but aware sentence to be handed today and to get copy judgment from Police Prosecutor

SENTENCE

1. Mr Jonah pleaded guilty to a charge of possession of cannabis and one charge of supplying cannabis. The maximum sentence for both offences is a term of life imprisonment.
   
2. The facts are admitted. They show that Mr Johnson went to the Teouma area on Efate from Tanna with some 400gms of cannabis plant. He gave the cannabis away to whomever wanted it. When apprehended Mr Johnson stated that he did not know what he was doing is against the law.
   
3. The aggravating factor is the amount of cannabis involved.
   
4. The start point I adopt for this offending is 6 months imprisonment, on a totality basis taking the two charges into account.
   
5. Mr Johnson has no previous convictions, and has not re-offended since this occasion in March 2017. He also pleaded guilty at the first opportunity. However, he did not appear at his scheduled sentencing, and a warrant had to be issued for his arrest.
   
6. The sentencing end point for this offending is that Mr Johnson needs to undergo 12 months of Probation supervision and to satisfactorily complete programmes dealing with the consumption of drugs and alcohol; plus complete 50 hours of community service.
   
7. The drugs are to be destroyed.
   
8. Mr Johnson has 14 days to appeal this sentence if he so wishes.

DATED at Tanna this 10^th day of April 2019

BY THE SUPREME COURT

............................................................

Justice G. A. Andrée Wiltens