Public Prosecutor v Vatu [2009] VUSC 44; Criminal Case 25 of 2008 (9 February 2009)

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

Criminal Case No. 25 of 2008

PUBLIC PROSECUTOR

V

STEGLA PAKEO VATU

Mr Justice Oliver A. Saksak
Mrs Anita Vinabit – Clerk

Mr Lent Tevi and Mr Gregory Takau for Public Prosecutor
Mr Kevin Nathan for the Defendant

SENTENCE

1. Stegla Pakeo Vatu, you pleaded guilty to one count of Unlawful Cultivation of Cannabis Plants on 18th November 2008. You were placed on conditional bail awaiting Sentence today.
   
2. Section 4 of the Dangerous Drugs Act Cap. 12 prohibits the cultivation of any plant of cannabis. The penalty imposed by law is 20 years imprisonment or 100 million vatus in fine. That indicate the seriousness of this offence.
   
3. You admitted planting 13 seeds of Cannabis in 13 plastic bags. The Court is told by the Nathan you did this as an experiment.
   
4. The Court is told your age is only 15 years.
   
5. You have a very long life ahead of you but if this is how you are trying to begin your life, then you are putting yourself to great risks to your health and your life may not be successful in the future.
   
6. Both counsels submit this is a case where the Court should consider imposing a Sentence of Community Work.
   
7. The Court accepts those submissions. Your age is the primary reason for accepting these submissions. Also that you are a first-time offender. The Court hopes that in imposing a Sentence of Community Work you will learn a lesson and allow a new direction to be taken for your future life.
   
8. I therefore convict you for one count of unlawful cultivation of cannabis plants and accordingly, Sentence you to 100 hours of Community Service.
   
9. The Order will be drawn up accordingly. You must report to the Probation Service within the next 72 hours.
   
10. This Sentence is imposed pursuant to Sections 58N and 58P of the Penal Code Act, as amended.
    

DATED at Luganville this 9th day of February 2009.

BY THE COURT

OLIVER A. SAKSAK
Judge