Public Prosecutor v Lasekula [2012] VUSC 236; Criminal Case 148 of 2012 (4 December 2012)

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

Criminal Case No. 148 / 2012

PUBLIC PROSECUTOR

V

REDLEY LASEKULA

Hearing: 4 December, 2012
Before: Justice Robert Spear
Appearances: Ken Massing for the Prosecution
Jacob Kausiama for the Defence

SENTENCE

1. The defendant has been arraigned and pleaded guilty to 1 count of possessing cannabis. He is convicted accordingly.
   
2. The summary of facts indicates that the police received information that someone had been selling cannabis in the Belle View area. They went to that area and came upon the defendant whom they found in possession of .72 of a gram of cannabis. That, of course, is a very small amount of cannabis. There was and remains uncertainty as to whether the defendant was the seller or the purchaser or even if he was connected with the allegations of cannabis dealing that had attracted Police interest.
   
3. Mr Massing confirms that sentencing is to take place simply on the basis that the defendant was found in possession of that small amount of cannabis and with no suggestion that he was involved in the commercial trade of cannabis. Mr Massing confirms that the prosecution seeks only a modest sentence of community work and that there is no need for a pre-sentence report to be prepared.
   
4. Mr Kausiama under those circumstances does not consider that he needs to make any submissions.
   
5. Redley Lasekula if you continue an involvement with cannabis, things will simply get worse for you. It is illegal, it is well understood to be harmful and if you persist with this habit then on this next occasion you are before the Court you will be looking at a term of imprisonment.
   
6. On this occasion, you can be sentenced as a first offender in possession of only a very small amount of cannabis. You are sentenced to 40 hours community work. You will report to the Court office at 3 o'clock this afternoon to collect the community work order.
   

BY THE COURT