Public Prosecutor v Kalmet [2021] VUSC 317; Criminal Case 3426 of 2021 (30 November 2021)

IN THE SUPREME COURT OF Criminal

THE REPUBLIC OF VANUATU Case No. 21/3426 SC/CRML

(Criminal Jurisdiction)

BETWEEN: Public Prosecutor

AND: John Kalmet

Defendant

Before: Justice Oliver A Saksak

Counsel: Mr Gregory Takau for Public Prosecutor

Mr Kalo Shem Amos for Defendant

Date of Plea: 22^nd October 2021

Date of Sentence: 30^th November 2021

SENTENCE

1. John Kalmet pleaded guilty to one charge of possession of cannabis contrary to section 2 (62) of the Dangerous Drugs Act [CAP 12].
   
2. The maximum penalty for this offence is a fine not exceeding VT 100 million or imprisonment of not exceeding 20 years.
   
3. On 15^th July 2021 at Pango Village the defendant was found by the Police with some dried marijuana leaves weighing 0.06 kg. Upon being interviewed the defendant admitted he bought the three packages from one Edwin at VT 1500. The Police tested the substance and confirmed hem to be cannabis.
   
4. The defendant has accepted those facts.
   
5. There are no mitigating circumstances for the defendant’s offending. From his pre-sentence report hi is a third time offender. He was convicted and sentenced in 2010 for theft. He was remanded twice for unlawful possession of cannabis first in December 2012 and again on 11^th January 2013. That shows he is a habitual dealer and user of this drug. His actions are repetitive. He has not performed any reconciliation ceremony. That shows he is unremorseful.
   
6. The Prosecutions submitted a start sentence of 18 months imprisonment and an end sentence of between 14-16 months should be imposed and that the sentence be suspended.
7. Defence on the other hand submitted a lower start sentence of 6-10 months be appropriate and that the sentence be suspended.
   
8. I do not accept both submissions. Both the Prosecution and defence have overlooked the defendants previous offendings in 2012 and 2013. And I do not accept defence submission that the start sentence should be between 6-10 months.
   
9. In the circumstances of the defendant being at third time offender a deterrent sentence is warranted. And only a custodial sentence is warranted to deter the defendant. Not only that the defendant must realise his offending is serious and is not condoned.
   
10. I therefore convict and sentence the defendant to a start sentence of 18 months imprisonment.
    
11. In mitigation I note his personal background and character. He is 48 years old from Pango Village. He has 3 daughters and a grand-daughter. He is separate from his wife. He has some secondary education and some carpentry skills.
    
12. He admitted his offending to the Police and pleaded guilty at first available opportunity. I allow a reduction of 6 months from his start sentence. His end sentence is 12 months imprisonment. This sentence will not be suspended.
    
13. The defendant is sentenced to imprisonment for 12 months or 1 year with immediate effect.
    
14. I condemn the substance confiscated form the defendant by the Police to destruction.
    
15. The defendant has a right of appeal against this sentence within 14 days.
    

DATED at Port Vila this 30^th day of November 2021

BY THE COURT

OLIVER.A.SAKSAK

Judge