Public Prosecutor v Kaloris [2025] VUSC 253; Criminal Case 1846 of 2025 (15 September 2025)

IN THE SUPREME COURT OF Criminal

THE REPUBLIC OF VANUATU Case No. 25/1846 SC/CRML

(Criminal Jurisdiction)

PUBLIC PROSECUTOR

v
CHARLIE KALORIS
Defendant

Date of Plea: 19 August 2025

Date of Sentence: 15 September 2025

Before: Justice E P Goldsbrough

In Attendance: Liu D for PPO

Vira H for Defendant

SENTENCE

1. Charlie Kaloris, you have pleaded guilty to an offence of the unlawful possession of cannabis, contrary to the Dangerous Drugs Act. The quantity of cannabis found in your possession on 19 April 2025 was 0.63 grams. You knew that you were in possession of that illegal drug and that its possession was unlawful.
2. You admitted your offence to the police, who arrested you, but did not disclose who provided you with the cannabis. You were simply found with it on you.
3. To assist the Court in deciding what punishment should be imposed on you for this offence, the Court begins by considering the maximum prescribed penalty for the offence. In this instance, the maximum prescribed penalty is 20 years imprisonment or a fine of VT 100 million. The prescribed maximum penalties demonstrate the serious view that the legislature takes of these offences.
4. Your offence is very straightforward. There is little that makes your offence more serious than any other case of unlawful possession of cannabis. That is important because any aggravating feature would be taken into account in fixing a starting point for your sentence based on the prescribed maximum penalties allowed.
5. A starting point is modified, taking into account those personal factors attributable to you. In your case, a previous good character. In addition, the fact that you pleaded guilty at the earliest opportunity is to your credit. Both of those factors are taken into account in the end sentence
6. Cases which have been heard before yours, some of which reached the Court of Appeal, in particular Wetul v Public Prosecutor [2013] VUCA 26, have shown that offenders in possession of unlawful drugs fall into three categories. There are those found in possession of a small quantity for personal use, those who cultivate the cannabis for commercial purposes, albeit on a small scale, and a third category involving large-scale commercial cultivation.
7. You fall within the first category, which suggests that you should be dealt with by the imposition of a fine or other non-custodial measure. You are of previous good character. From the pre-sentence report, it is noted that you have had a challenging upbringing, losing your father at an early age. Your chief believes he can assist you in keeping you out of trouble and is willing to supervise your future behaviour.
8. The police detained you for about 24 hours. It is unlikely that you found that experience pleasant, but hopefully, you learned from it. Again, from the pre-sentence report, it is clear that you do not have the means to pay a financial penalty.
9. The offence itself, as can be seen from the maximum penalties available, is regarded as serious. Whilst in your case not deserving of an immediate custodial sentence, a sentence which, to a much lesser extent, involves deprivation of your liberty will be imposed. You will be sentenced to perform unpaid community work for a total of 60 hours.
10. An officer from the Correctional Services department, within the probation service, will provide you with the details of the work you must perform, without pay, for a total of 60 hours within the next 12 months. After you complete that work, your sentence will come to an end. If you fail to complete that work satisfactorily, you will be brought back here to be dealt with differently.
11. An order is made for the confiscation and destruction of the cannabis taken from you.
    
12. You have the right to appeal against this decision, but if you wish to exercise that right, you must do so within 14 days from today.
    

DATED at Port Vila this 15^th day of September 2025

BY THE COURT

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

Justice E. P. Goldsbrough