Public Prosecutor v Johnas [2026] VUSC 67; Criminal Case 458 of 2024 (1 April 2026)

IN THE SUPREME COURT OF THE REPUBLIC OF VANUATU (Criminal Jurisdiction)	Criminal Case No. 26/458 SC/CRML
BETWEEN:	Public Prosecutor
AND:	Tino Johnas
	Defendant

Date of Plea: 3^rd March 2026
Date of Sentence: 1^st April 2026
Before: Hon. Oliver A Saksak
Counsel: Stephanie Carlot for Public Prosecutor
Kalo Shem Amos for the Defendant

SENTENCE

1. Tino Johnas aka Fredino Usamoli pleaded guilty to one charge of unlawful possession of cannabis. He is for sentence today.
   
2. The offending occurred on 26^th August 2022 at Fresh Wota 4 area. The police were conducting a routine check and patrol around the area at 1:30pm. They spotted a group of young boys assembling together. The police became suspicious and stopped to conduct a search and found cannabis substance in the defendant’s possession. The Police therefore arrested the defendant and confiscated the substances for testing. The result was that it tested positive for cannabis. The quantity was 1:83 grams.
   
3. When he was questioned by Police the defendant admitted having bought the cannabis from Zebus at the cost of VT 500. He admitted to smoking the cannabis with his friends at Freshwota. He did not sell the substance.
   
4. In assessing the defendant’s sentence, I have considered the submissions filed by the Prosecution, defence Counsel and the Pre-sentence report.
   
5. This is a serious offence. It carries the maximum penalty of 20 years imprisonment or a fine not exceeding VT 100 million. I have taken account of the categories in PP v Wetul [2013] VUCA 26. I have noted PP v Robert [2014] VUSC, PP v Danay Shem [2022] VUSC 174, PP v Thuha [2017] VUSC 53, PP v Jimmy [ 2012] VUSC 34, PP v Garae [2022] VUSC 33 and PP v Willie [2025] VUSC 241 for comparative purposes.
   
6. There are however aggravating features such as being assembled together with peers and smoking the substance. He was aware his action was illegal but continued to do it.
   
7. I note the defendant was 20 years old in 2022 when he committed this offence. He is now 23 years old. He does not have any previous criminal record of conviction. There has been a delay of 4 years. And for the fact his case falls within category 1 of the Wetul case, I think a non-custodial sentence of community work is the appropriate punishment.
   
8. I therefore sentence you Tino Johnas to a sentence of community work for 50 hours. You must perform these 50 hours within 12 months from the date of this sentence.
   
9. That is the sentence of the Court. You may appeal the sentence within 14 days if you do not accept.

DATED at Port Vila this 1^st day of April 2026

BY THE COURT

Hon. Justice Oliver A Saksak