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Public Prosecutor v Siti [2021] VUSC 203; Criminal Case 1768 of 2021 (24 August 2021)

IN THE SUPREME COURT OF Criminal

THE REPUBLIC OF VANUATU Case No. 21/1768 SC/CRML

(Criminal Jurisdiction)

BETWEEN: Public Prosecutor

AND: Johnson Siti

Defendant

Date: 24 August 2021

By: Justice G.A. Andrée Wiltens

Counsel: Mr G. Simeon for the Public Prosecutor

Ms K. Karu for the Defendant

SENTENCE

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1. Mr Siti is currently 20 years old. He is a gardener and a prospective musician. He has no previous convictions. He was arrested at 10pm on 11 April 2020 for being idle and disorderly. At the time he was seen punching the shutters at Au Bon Marche at Fresh Wota area, wanting to get some take-away food. He was also using abusive and threatening language. He was clearly under the influence of alcohol.
   
2. Mr Siti was searched at the time of his arrest. He was found to be in possession of 0.05 grams of cannabis.
   
3. In my view, given the immediate pleas of guilty and Mr Siti’s remorse for this conduct, that neither matter warrants a criminal conviction. Further, as he has already served 15 days in custody I consider that to be a more than sufficient a sentence.
   
4. Accordingly, Mr Siti is given an absolute discharge in respect of both charges.
   
5. The drugs are to be destroyed.
   
6. Mr Siti has 14 days to appeal the sentence.

Dated at Port Vila, this 24th day of August 2021

BY THE COURT

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Justice G.A. Andrée Wiltens