Public Prosecutor v Motoutourua [2009] VUSC 7; Criminal Case 95 of 2008 (13 March 2009)

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

Criminal Case No. 95 of 2008

PUBLIC PROSECUTOR

V

NIUDOLA MOTOUTOURUA

Coram: Justice N. R. DAWSON

Date of Hearing: 13th March,, 2009

Date of Decision: 13th March, 2009

Counsels: Mr. Obed for Public Prosecutor
Mr. Vira for Accused

SENTENCE

1. Mr. Motoutourua you appear in Court today for sentencing on a charge of Cultivation of Cannabis. Last year two police officers from the Crimes Investigation Department went to your address in pursuit of escaped prisoners. When they entered the premises, they found 18 cannabis plants being grown. You admitted that you were growing those cannabis plants and you were then arrested and brought to the custody. I understand that prior to being granted bail you spent a total of three weeks in custody.
   
2. I have read the submissions from the Public Prosecutor and also from your defence counsel and I have also read the Probation Report. In sentencing you it is necessary that I impose a sentence that will promote within you a sensible responsibility. Marijuana is a pernicious substance which causes a lot of difficulty in Vanuatu and its growth and use needs to be condemned. I therefore denounce your behaviour for getting involved in growing of cannabis.
   
3. The aggravating feature of your offending is that you were growing 18 plants, and that is a substantial number. In mitigation you are 17 years of age, you entered a guilty plea at an early stage and you have also expressed remorse for your offending. You have not offended before and therefore you have been a person of good character until this offending. The probation report notes that you realize the mistakes that you have made and you have made changes to your life. It also notes that you have strong community support from your chief and your mother where you live. You have also expressed a willingness to perform a customary ceremony to your parents and your chief to apologise for your offending.
   
4. In sentencing you it is necessary for me to consider a sentence of imprisonment. This is a serious charge that carries a maximum sentence of 20 years imprisonment. That should bring home to you just how serious this charge is and how dangerous it would be to you if you ever offend in this way again. I take into account that while on remand you spent 3 weeks in prison and on this occasion particularly due to your age I am going to impose a community based sentence, but you need to know and understand that if you offend like this again and come back to Court, it is almost certain that you will go to prison.
   
5. I am therefore convicting and sentencing you to 150 hours of Community Work. I am also sentencing you to 6 months Supervision with the condition that you are to undertake such programs as are directed by your probation officer.
   
6. You have the right to appeal this sentence. For any appeal you must lodge a notice of appeal within 14 days of today’s date.
   

Dated at Port Vila, this 13th day of March, 2009

BY THE COURT

N. R. DAWSON
Judge