Public Prosecutor v Vuti [2012] VUSC 168; Criminal Case 79 of 2012 (28 August 2012)

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

Criminal Case No. 79/ 2012

PUBLIC PROSECUTOR

V

DANSTAN VUTI
RODNEY VUTI

Hearing: 28 August 2012

Before: Justice Robert Spear

Appearances: Leon Muluntugun for the Prosecution
Jacob Kausiama for the Defence

CONVICTION AND SENTENCE

1. Danstan Vuti and Rodney Vuti have been arrested on the warrants issued following their non-appearance at Court on 7 August 2012.

2. They have been arraigned and each has pleaded guilty to the charge of possessing cannabis seeds. They are convicted accordingly.

3. The summary of facts indicates that the Police executed a search warrant of the houses of the two defendants. In Rodney Vuti's house they found cannabis seeds to a total weight of 3.41grams. In Danstan Vuti's house they found cannabis seeds to a total weight of 4.25grams.

4. If there was any suggestion that this cannabis seeds were destined to be sown and cannabis plants grown from them, then the sentence would be significantly more severe than what I will impose today. However the Courts' experience is that seeds are often extracted from cannabis plants before the plant material is smoked and that is the likely explanation here. So, the two defendants are to be sentenced on that basis.

5. You are each sentence to carry out 80 hours community work. I note that you have no previous convictions. You are to remain at the Court office until the community work orders are served on you.

6. You have 14 days to appeal this sentence if you do not accept it.

BY THE COURT