Public Prosecutor v Mawa [2011] VUSC 79; CRC 52 of 2010 (13 May 2011)

IN THE SUPREME COURT OF THE REPUBLIC OF VANUATU
(Criminal Jurisdiction)
Criminal Case No. 52 / 2010
PUBLIC PROSECUTOR
V
ABEL MAWA

Hearing: 13 May 2011
Before: Justice Robert Spear
Appearances: Leon Malantugun for State
Andrew Bal for Accused

SENTENCE

1. The accused has been arrested pursuant to a warrant issued on 6 July 2010. He has asked to be arraigned and he now pleads guilty to the charge. He is convicted accordingly.
   
2. He was found in possession of .45 kilograms of cannabis which is at the upper end of what might be considered to be an amount for personal use. However, there is nothing to suggest there was any commerciality in respect of the possession. Accordingly, the accused, who appears as a first offender, can be dealt with by a sentence combining community work and supervision.
   
3. You are sentenced to 150 hours community work.
   
4. You are placed under supervision for 12 months with the special conditions that you undertake Niufala Rod programme to address substance abuse and you undertake spiritual counselling as directed by your probation officer.
   
5. The defendant acknowledges that he understands English and so it is been unnecessary to have this translated into Bishlama.
   
6. You have 14 days to appeal this sentence if you do not agree with it.
   
7. I direct that you return to the court office here at 9 am on Monday 16 May 2011 to be served with the community work and supervision orders./ If you don't then you will be in contempt of court. If that occurs then I will most probably sentence you to prison for the contempt and you will still have to attend to the community work and supervision on your release.
   

BY THE COURT