DC3014

PAPUA NEW GUINEA
[In the District Court of Justice sitting in its criminal Jurisdiction]

   CR No 137 of 2015

BETWEEN

STATE 

                                                     V

GARETH LOW
                                                (Defendant)

BUKA:  B.TASIKUL
  18th May, 2015

CRIMINAL LAW: In possession of dangerous drugs-Pleaded guilty –Defendant first time offender –Aggravating factors-Serious offence.

CASES CITED:

REFERENCE:
Nil

Appearing for the defendants: Mrs. Cornelius Momoi of Public Solicitors
Appearing for the Prosecution: Sergeant Florence Nohu Police prosecution

DECISION ON SENTENCE

1.	BTASIKUL: Garrett Low 34 years of Kerevat, East New Britain Province. You pleaded guilty before me to the charge of knowingly have in your possession dangerous drugs namely, marijuana without authorization. 

2.	The statement that you pleaded guilty on states that, on the 10th March, 2015, you had an argument with your wife. Because you were very violent toward her, she took the two children and went to a safe house at Hahela for their safety. The next day she return to the house to get her clothes and when you were not, presentshe went to your room and got the drugs which you kept in a tin.

3.	She took the tin with the drugs and gave it to the police. Police open the tin and found four (4) bundle of marijuana all wrap in a dried banana skin, also inside an S26 baby milk tin, were more marijuana.

4.	Police were looking for you, but you have been avoiding them. You tried escaping to Rabaul, East New Britain on an Airline PNG flight, but appended at the Buka airport by the police.

5.	I accepted you plea of guilty. 

6.	The penalty for in possession of marijuana under the Dangerous Drugs Act, carry a minimum of three (3) month to the maximum of two years imprisonment.

7.	Your lawyer has submitted to the court that this is your first time to be in conflict with the law. You have plead guilty and save the courts time. You have a young family with two children in which your wife is the only bread winner. You have shown remorse and promise not to ever touch marijuana again.

8.	You wife has written a letter to the court seeking leniency. She stated that she was mad with you, that why she took the drugs (marijuana) to police. She didn’t want you to go to jail and not involve in such illegal activities.

9.	She further stated that she is the only one working and you took care of the children when she goes to work. If you go to jail no one will look after both of your two children.

10.	I understand where your wife is coming from. She is very concern about you.

11.	However, on the other hand you are fully aware that marijuana is an illegal drug and the amount of drugs that were in your possession are quite large quantity. 

12.	Marijuana has cause and contributed a lot of law and order issues and health problems. Today we have witness a lot of our youths going mental, because of marijuana. Also a lot of murder and sexual offences committed because of marijuana and alcohol.

13.	It look likes to me that you have been selling these dangerous drugs to the youth as it reflect to the amount of marijuana take from you by the police. Therefore people who distribute and sell such illegal drugs must receive higher penalty.

14.	If you are concern about your family, then think twice and refrain from such illegal activities.

15.	I therefore sentence you to twelve (12) months imprisonment.