Public Prosecutor v Bice [2007] VUSC 33; Criminal Case 88 of 2006 (7 May 2007)

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

CRIMINAL CASE No.88 of 2006

PUBLIC PROSECUTOR

-v-

MARY BICE

Ms Kayleen Tavoa, Public Prosecutor
The Defendant in person and on his own behalf

JUDGMENT

This is the trial of the Defendant, Mary Bice. Mary Bice is charged with one count of Cultivation of Cannabis Plants, contrary to Section 4 of the Dangerous Drugs Act [CAP.12] and one count of Unlawful Possession of Cannabis Plants, contrary to Section 2(13) of the same Act.

The Defendant pleaded not guilty to both charges. The Defendant, like 21 others, was represented by Ridgway Blake Lawyers from Preliminary Inquiry stage to the pleas process. The Defendant like 21 others, decided to represent herself in this trial without the assistance of the defence counsel who are excused from their attendance at the trial.

The prosecution and the defence counsel have considered the case prior to Court sitting and agreed that the following statements and exhibits go in by consent:-

(1) Moses Tom

(2) Erickson Sylvain

(3) Erickson Paul

(4) Hickson Siba

(5) The following exhibits are agreed:

- Plants

- Photos

- Crime scene report

The brief facts show that police found 1 dried cannabis plant and seeds in the kitchen of the Defendant at Melip Village after the complaint the police had from Moses Tom, Chief of Melip. The Defendant was arrested and brought to Vila on board Tukoro with the dried cannabis plant and seeds. The Quarantine Office identified the plant and seeds and weighed them. The weight is 0.002kg. The plant and seeds were tested. The test show the presence of cannabis substance in the plants and seeds.

Mary Bice gave evidence. She planted cannabis because it is the creation of God. She agrees that she got more money by selling cannabis. She admitted the reason for her to plant cannabis is because of the money but she hides behind the statement that cannabis is a creation of God. She did not deny that one dried cannabis plant and seeds were taken by the police in her kitchen.

The law is for the prosecution to prove all essential elements of the offence charged against the Defendant beyond the reasonable doubt. If there is a reasonable doubt, I must acquit the Defendant.

Sections 2(13); 4 and 17 of the Dangerous Drugs Act [CAP.12] are the relevant provisions. They provide as follows:-

"PROHIBITED SUBSTANCES AND MATERIALS

2. The ... possession in Vanuatu of the following substances and materials... is prohibited:

(13) Cannabis"

"PROHIBITION OF CULTIVATION OF CANNABIS PLANT

4. The cultivation of any plant of the genus Cannabis shall be prohibited."

"PENALTIES FOR CONTRAVENTION OF REGULATION

17. Every contravention of this regulation shall constitute an offence punishable by a fine not exceeding 100 million Vatu or to a term of imprisonment not exceeding 20 years or to both such fine and imprisonment."

There is evidence of Unlawful Possession of Cannabis found in the Defendant’s kitchen. The prosecution has proved this offence beyond reasonable doubt. There is evidence of planting cannabis, but there is no evidence of where, when and how many. It is very likely that the Defendant referred to the one dried cannabis plant and seeds found in his kitchen. There is insufficient evidence on the required criminal standard on the charge of unlawful possession of cannabis, contrary to Section 2(13) of the Act.

VERDICT

Cultivation of Cannabis Plants: NOT GUILTY and ACQUITTED
Unlawful Possession of Cannabis: GUILTY and CONVICTED

I direct that the 1 Cannabis plant and seeds weighed 0.002kg seized from the Defendant must be condemned by 8 May 2007 before lunch time.

DATED at Port-Vila this 7th day of May 2007

BY THE COURT

Vincent LUNABEK
Chief Justice