IN THE SUPREME COURT
OF THE REPUBLIC OF VANUATU
(Criminal Jurisdiction)

Criminal Case No. 47 of 2006

PUBLIC PROSECUTOR

v

JEAN MARIE VUTI
RICHARD GARAE

Coram: Justice C. N. Tuohy

Mrs. Tavoa for Public Prosecutor
Mr. Bartels for Defendants

Dates of Sentence: 18 October 2006

NOTES ON SENTENCING

1.	The accused were charged with cultivating cannabis in the case of Richard Garae and possession of cannabis seeds in the case of Jean Marie Vuti. Both pleaded guilty to the respective charges on 10 October 2006. I sentenced them the same day to the same sentence of 6 months imprisonment suspended for a period of 12 months. Unfortunately my sentence was not recorded on tape but I have reconstructed what I said below:

2.	Richard Garae and Jean Marie Vuti each appear for sentence on a charge of cultivation of cannabis for Mr. Garae and a charge of possession of cannabis seeds for Mr. Vuti. The facts are that you, Mr. Vuti, had possession of some cannabis seeds; you gave them to Mr. Garae. He planted them and two seedlings grew. It appears that your offending was discovered by either family or responsible members of VFF and they put you in the hands of the police. As a result you are now facing sentence on charges which carry maximum penalties of 20 years imprisonment or a fine of VT100 million or both.

3.	The responsible people who put you in the hands of the police are probably surprised how far the situation has now come. However, I commend them for taking a responsible attitude of refusal to tolerate drugs. Vanuatu is largely free, in my observation, of the use of drugs which exists in many of the neighbouring countries. It is possibly at the stage that those countries were some decades ago. It is very important to the future of Vanuatu and its youth that the abuse of illegal drugs or the use of illegal drugs is not tolerated. 

4.	In your case, Mr. Garae, your actions are more stupid because you are a promising football player who has already represented Vanuatu at National Age Grade Level. If you are going to take illegal drugs like marijuana you cannot expect to succeed as a sportsman. Do you think that Thierry Henry would be able to play football at his level if he was using marijuana? Unfortunately the conviction you will now receive might affect your ability to travel but that is just one of the consequences of your actions.

5.	I take the view that you are, however, not criminal type of young men but just stupid. The Public Prosecutor has referred me to the case of Public Prosecutor v Tuk Sope [2004] VUCA 14; [2004] VUSC 62 a decision of the Chief Justice on sentencing in relation to cannabis. I am told that he imposed a suspended sentence of imprisonment although the amount was greater than in this case. I do think that imprisonment is justified but it should be suspended because of your youth and naïveté. I see no reason to differentiate between you. You are each sentenced to six months imprisonment suspended for twelve months. If during the next twelve months you offend again then the six months sentence of imprisonment will come into effect. If you do not offend within the next twelve months then the sentence will expire and will no longer have any effect.

6.	You have 14 days if you do not agree with this sentence to lodge an appeal.

Dated AT PORT VILA on 18 October 2006

BY THE COURT

C. N. TUOHY
Judge