Public Prosecutor v Nigel [2015] VUSC 11; Criminal Case 191 of 2014 (18 February 2015)

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

CRIMINAL CASE No.191 OF 2014

PUBLIC PROSECUTOR

- v –

JEFFERY NIGEL

Coram: V.LUNABEK CJ
Counsel: Mr Ken Massing for the Public Prosecutor
Ms Jane Tari for the Defendant

SENTENCE

Jeffery Nigel, you appear today for sentence. You are originally from Yukavikamena village on the island of Hue, Torres Islands. You are currently residing with your de facto wife at Shell Company in Luganville, Santo and you have one year old son with your wife. On 17 February 2015, you entered a guilty plea on one count of Unlawful Possession of Cannabis, contrary to s.2 (62) of Dangerous Drugs Act [Cap 12].

The brief facts of your offending are set out as follow:

Brief Facts:

1. You were arrested by the Police Officers for another offence. You were searched at Luganville Police Station where the Police found Marijuana inside your right pocket.
   
2. The offence occurred on the 25th of October 2014.
   
3. The Marijuana were confiscated and tested. The test was positive. It shows the marijuana was of Cannabis substance and the net weight was 0.17 grams.
   

Possession of cannabis is a serious offence. It carries a maximum penalty of a fine of vatu 100Millions or a term of imprisonment of 20 years or of both fine and imprisonment.

You must be punished for being unlawfully in position of cannabis substance of 0.17 grams. It is against the law.

In your sentencing, I take into account of the submissions and authorities advanced by the prosecution and I also take into account of the submissions and authorities made by your lawyer on your behalf. I further peruse the same Day Report filed by the Probation Officer to assist the court in your sentencing.

The same day report shows that you are 24 years of age. You are a first time offender. You plead guilty at the first time opportunity given to you by the court. It is to your credit. Your uncle Mr Anderson John described you as a very good young person who is educated. You are a member of Christian Mission Centre. You have good relationship with other people in your community and your church members. You are currently working for a chinese store and service deliverer to sustain your likelihood. You feel remorseful for your wrongdoing. You tell the writer of the report that you have learned a lesson and you will not re-offend against the law.

In the circumstance of this present case, you are sentenced to 6 months supervision on general standard conditions.

You have 14 days to appeal your sentence if you are unsatisfied with it.

DATED at Luganville, Santo this 18th day of February 2015

BY THE COURT

Vincent LUNABEK
Chief Justice