Public Prosecutor v Kaloris [2010] VUSC 61; Criminal Case 18 of 2010 (21 May 2010)

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

Criminal Case No. 18 of 2010

PUBLIC PROSECUTOR

V

MALRORY KALORIS

Mr Justice Oliver A. Saksak
Mrs Anita Vinabit – Clerk

Mrs Kayleen Tavoa – Public Prosecutor
Miss Jane Tari for the Defendant

Date of Plea: 12th May 2010
Date of Hearing of Submissions: 14th May 2010
Date of Sentence: 21st May 2010

SENTENCE

1. Malrory Kaloris Kalpen, you were charged with one count of unlawful possession of Cannabis contrary to section 2(13) of the Dangerous Drugs Act Cap 12.
   
2. You pleaded guilty to the charge on 12th May 2010. The facts are clear and simple and you do not dispute them. On 17th April 2010 at around 10.20 a.m, you were arrested by police for being drunk and disorderly. You were taken to the Police station and a search was made by the Police. The police found seven (7) rolls of paper in one of the pockets in your trousers. The contents of the paper were tested and the results confirmed they were cannabis. The weight was 2.993 grams. You were interviewed about it upon which you made clear admissions.
   
3. The law, Section 2(62) of the Dangerous Drugs Act Cap. 12 expressly prohibits the importation, sale, supply or possession of cannabis in Vanuatu. The maximum penalty for this offence is VT100 Million or imprisonment of not exceeding 20 years.
   
4. Due to your admission to possessing seven rolls of cannabis, the Court hereby convicts you as charged.
   
5. In sentencing, the Court considers your previous conviction by this Court on 8th August 2008. You were sentenced to 3 years imprisonment suspended for 3 years for unlawful possession and unlawful cultivation of cannabis plants. That term has not yet expired and now you have committed the same offence of unlawful possession. You knew very well they were cannabis plants and you deliberately prepared them and took them on your person that day. It appears from your record of interview that you were using cannabis twice a week. You obviously have not learnt from your first appearing and first conviction.
   
6. The mitigating factors submitted by your Counsel are of no relevance in view of your previous conviction.
   
7. The Court has no choice but to activate the previous sentence of 3 years imprisonment.
   
8. For this present offending, you are sentenced to a term of three months. As this is a separate offending, the Court rejects Counsel’s submission that it should be made concurrent to your suspended sentence. The Court orders that these 3 months be served consecutively with the three years suspended sentence.
   
9. This sentence is to deter both yourself and others from committing drug offences, and to punish you adequately as a repeat offender for the same offence within a period of suspension.
   
10. That is the sentence of the Court. And it is deemed to have commenced on 30th April 2010 when you were first taken into custody.
    

DATED at Luganville this 21st day of May 2010.

BY THE COURT

OLIVER A. SAKSAK
Judge