Public Prosecutor v John [2011] VUSC 73; CRC 18 of 2009 (18 February 2011)

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

Criminal Case No. 18 of 2009

PUBLIC PROSECUTOR

V

GEORGE JOHN

Coram: Justice RLB SPEAR

Date of Sentencing: 18 February 2011

Counsel: Mr F Ngwango for Public Prosecutor
Mr B Livo for Accused

SENTENCE

18 FEBRUARY 2011

1. George John, you are for sentence today having pleaded guilty and being convicted on a charge of possession of cannabis. The police found you with a small amount of cannabis that was obviously for your personal use. It is interesting to note that your father, in fact, alerted the police to your use of cannabis because of his concern for you.
   
2. I have received submissions from both prosecution and defence and also a pre-sentence report from the Corrections Service. The recommendation of the probation officer is for community work and supervision with special conditions and this particularly as you are a first offender.
   
3. It appears that this prosecution has come as something of a wakeup call for you and that you now understand that your life will e affected significantly if you do not stop using cannabis.
   
4. The principal object of the sentence today is to encourage and support you change you life-style so that cannabis will not be part of it. No good will come of you using cannabis. I accept the recommendation of the probation officer. I am particularly mindful of the fact that you have parental support which clearly is of a responsible nature.
   
5. You are sentenced to carry out 60 hours community work.
   
6. You are placed under supervision for a period of 9 months with the special conditions set out in the pre-sentence report:-
   
   1. that you attend the spiritual programs with the Pentecostal Harvest Church
      
   2. that you undertake the Niufala Rod Program as directed by the Probation Officer
      
   3. Not to associate with people who smoke cannabis
      
   4. Undertake the marijuana program as directed by the probation officer
      
7. I need to inform you also that you are entitled to appeal the decision either as to conviction and sentence and you have 14 days to do so.
   

BY THE COURT