Public Prosecutor v Batist [2016] VUSC 127; Criminal Case 2260 of 2016 (20 September 2016)

IN THE SUPREME COURT OF CRIMINAL CASE NO.16/2260/SC/CRML
THE REPUBLIC OF VANUATU
(Criminal Jurisdiction)

PUBLIC PROSECUTOR

V

BRUNO BATIST

Coram: Justice Mary Sey
Counsel: Mr. Lenry Youngfor Public Prosecutor
Mr. Harrison Rantes for the Defendant

Date of Decision: 20 September 201

Bruno t, you pleaded guiltyon 9 August 2016 to a charge of beof being in possession of Prohibited Substance and Materials contrary to section 2 (62) Dangerous Drugs Act [CAP 12]which provides that:

"The possession of cannabis in Vanuatu except as provided in section 3 is prohibited."

Section 17 sets out the penalty for such an offence in the following terms:

"Punishable by a fine not exceeding VT 100 million or to a term of imprisonment not exceeding 20 years or to both such fine and imprisonment."

2. You were convicted accordingly and you appear today for sentence.No dispute is taken with the summary of the facts presented by the prosecutor.
3. Although the test reveals that the substance tested positive for cannabis THC with a weight of 13.16 grams, it is noteworthythat no evidence has been adduced before Court that they were for supply or commercial purposes. I also note that thes been been an inordinate delay in processing this matter since 2010.
   
5. I have been greatly assisted by the prosecution and defence subons and I note from the memorandum issued by the probation officer that there is no pre-sene-sentence report because you did not turn up for the interview.There are mitigating factors which your defence counsel has submitted should be taken into consideration, in particular, that you are a first time offender with no previous conviction and that you cooperated well with the Police and admitted your actions. Moreover, that you pleaded guilty at the first available opportunity and this is a sign of remorse and contrition. This early guilty plea would allow the Court to deduct 1/3 of any sentence to be imposed on you. See PP v Gideon [2002] VUCA 7.
   
6. In sentencing you it is necess> ;for the Court to hold you accountable for your actions. The fundamental requir ment is that the sentence imposed should act as a deterrent to other persons minded to engage in a similar activity.As a sng poyou are hereby seby sentenced to 12 months imprisonment which is reduced by ⅓ for your your guilty plea. I further reduce your sentence by 4 months to reflect your remorsefulness and other mitigating factors.This brings your end sentence to 4 months suspended for a period of 2 years. That means that if you keep out of trouble for the next 2 years then you will not go to prison but if you commit an offence during that 2-year period you will be required to serve the 4 months prison sentence as well as the sentence for the further offending.
   
7. In addition to your suspended sentence, I order you to perform 50 hours of community work.
   
8. You have 14 days to appeal against this sentence if you do not agree with it.
   

DATED at Port Vila, this 20th day of September, 2016.

BY THE COURT


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M.M.SEY
Judge