Public Prosecutor v Rory [2022] VUSC 134; Criminal Case 1309 of 2022 (17 August 2022)

IN THE SUPREME COURT OF Criminal

THE REPUBLIC OF VANUATU Case No. 22/1309 SC/CRML

(Criminal Jurisdiction)

PUBLIC PROSECUTOR

v

EUSEBIO RORY

Date: 17 August 2022

Before: Justice V.M. Trief

Counsel: Public Prosecutor – Mr P. Sarai

Defendant – Mr L. Malantugun

SENTENCE

1. Introduction
   

1. Mr Rory pleaded guilty to possession of cannabis. He is convicted on his own plea and the admitted facts.
   

2. Facts
   

2. On 17 February 2022 at Etas zone 9 area, the Police searched Mr Rory’s house. They found 35 grams of packed marijuana plant rolls inside a plastic bag in Mr Rory’s house.
   

100. End Sentence
     

3. The maximum penalty for this offence is 20 years imprisonment and/or a fine of up to VT 100 million.
   
4. The cannabis was for personal use only without any sale involved therefore the offending is within the lower end of the scale of the first category in Wetul v Public Prosecutor [2013] VUCA 26.
   
   5. He is 40 years old, with no previous convictions. He is married and has 3 children. He is self-employed, operating a kava bar business.
      
   6. Mr Rory co-operated with the police. He pleaded guilty at the first opportunity. I accept that he is remorseful. He has participated in a custom reconciliation ceremony with his wife and family, which was accepted.
      
7. Given that Mr Rory has already served 2 weeks in custody (18 February 2022 to 3 March 2022; an effective sentence of one month imprisonment)is sentesentenced to complete 40 hours of community work within the next 12 months and ordered to complete 6 months of supervision, including attending any drugeness and rehabilitation programs required of him by the Dehe Department of Correctional Services.
   
8. The drugs are to be destroyed.
   
9. Mr Rory has 14 days to appeal this sentence.
   

DATED at Port Vila this 17^th day of August 2022

BY THE COURT

.................................................

Justice Viran Molisa Trief