Kobege v Neresa [2007] PGDC 122; DC669 (26 June 2007)

DC669

PAPUA NEW GUINEA
[IN THE JUVENILE COURT OF JUSTICE]

DCCr 08 of 2007

BETWEEN

FOGGY KOBEGE
Informant

AND

DISON NERESA
Defendant

GOROKA: G VETUNAWA
2007: June 26

Cases Cited
Nil

References
1. Section 3 (1) (d) of the Dangerous Drugs Act

Counsel
Juvenile Prosecutor: Constable James Bonki from Goroka Police Station
Juvenile Court Officer: Mr. Peter Worowi from CBC
Juveniles Father: Mr. James Nelson

JUDGMENT

G Vetunawa: This Juvenile is sixteen (16) years old and comes from Kemenave village in the Henganofi District of Eastern Highlands Province. He was charged for having in his possession dangerous drugs Cannabis Sativa (marijuana) under Section 3 (1) (d) of the Dangerous Drugs Act.

2. It was on 25 May 2007 the traffic police set up a road block at Mt. Zion Blind Centre and conducted searches on all motor vehicles. On of the motor vehicles had the defendant as one of its passengers. Upon security, the defendant and the police found the wrapped up drug. The defendant pleaded guilty tot the charge. In now consider the sentence.

3. Drug case is a serious offence mainly on the basis that it is very dangerous to the mental health of those who will consume it by way of smoking it. It is a threat to the social well being of the society and possession of drug means that someone will eventually smoke it, if not the defendant or some others will do. It is a great problem not only for the defendant, but for the present and future generation of the society.

4. Drug is so dangerous when it is being possessed by Juveniles such as this defendant. It is a course for alarm. While being lenient on this Juvenile, the court must also give the impression that such an offence requires the imposition of punishment as well as rehabilitation of the Juvenile.

5. Law

Section 3 (1) (d) Dangerous Drugs Act reads: A person who – is in possession of or conveys a dangerous drug or a plant or part of a plant from which a dangerous drug can be made, is guilty of an offence unless he is authorized to do so by or under some other Act.

Penalty: Imprisonment for a term of not less than three months and not exceeding two years.

6. The law only provides for imprisonment without Court fine, ..............for three years to the maximum of two years. I am going to be lenient on the defendant as a Juvenile but not forgetting the danger he is putting on his mental health when he is dealing with drugs.

7. There is still chance for this Juvenile to change his attitude and behaviour toward drug and so it would not be helpful to him if I impose a custodial sentence on him. The most appropriate sentence as I see it is to impose a sentence of doing community work so that he can be able to have the chance of interacting with the Juvenile Court officer who will supervise him in the community work programme.

8. Accordingly the defendant is convicted and sentenced to do thirty (30) hours of community work at a place to be specified by the CBC officers.
   

Juvenile Prosecutor: Constable James Bonki from Goroka Police Station
Juvenile Court Officer: Mr. Peter Worowi from CBC
Juveniles Father: Mr. James Nelson