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Public Prosecutor v Kelep [2005] VUSC 62; Criminal Case No 024 of 2005 (9 May 2005)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
(Criminal Jurisdiction)

CRIMINAL CASE No. 24 of 2005

PUBLIC PROSECUTOR

-v-

ASANA KELEP
ALICK BAR
HOKAU ANDRE (he was not served)

Coram: Chief Justice Vincent Lunabek

Counsel: Mr Lent Tevi for the Public Prosecutor
Mr Christopher Tavoa for the Defendants

SENTENCE

This is the sentence of the Defendants Asana Kelep, Alick Bar. Both Defendants are charged with one count of Prohibited Substances and Material, contrary to section 4 of the Dangerous Drugs Act [CAP 12].

The charge against the Defendant, Hokau Andre, is adjourned as he was not served for him to plea on the charge against him.

Both Defendants made confessional statement to the police during interview at the Police Station and pleaded guilty as charged.

The brief facts are as follows:-

• The Defendants Asana Kelep and Alick Bar are all residents of Efate and live at Forari.
• The Defendant Asana Kelep is 28 years old; Alick Bar is 35 years old married with 4 children.
• The Defendant Asana Kelep took the Cannabis seeds at sea front (Market House), planted them in plastic bags and took them back to his home.
• There were a total of six (6) seeds all together and five (5) of the seeds died. One of the seeds germinated and grows bigger.
• The Defendant Hokau Andre took the germinated seed and asked Alick Bar to plant it in his garden. Alick agreed and the seedling was planted in his garden. He looked after it until it grows up to about one (1) metre.
• After the Cannabis plant has grown big the Defendant Asana Kelep took the leaves and uses it.
• The Defendants were arrested. The plants were tested and were proven to be the cannabis plant.
  

It must always be understood that the maximum penalty imposed by the criminal law for the offence of this nature is set in a range of a fine not exceeding 100 million Vatu or a term of imprisonment not exceeding 20 years or to both such fine and imprisonment. [see section 1 of the Dangerous Drugs Joint Regulation (Amendment) Act No.29 of 1989].

The Defendants admitted that the offences they committed are very serious. The Defendants are contrite and very remorseful for their offending. The Defendants were cooperative with the police and entered a guilty plea at the first opportunity offered to them. Both Defendants were first time offenders.

I take into account of your guilty plea and other matters said in your defence.

After proper deduction for your guilty plea and remorse, Defendant Alick Bar is sentenced to 5 months imprisonment on each and both counts. He shall serve the sentence of 5 months imprisonment on each and both counts concurrently and to take effect immediately.
After proper deduction for your guilty plea and remorse, Defendant Asana Kelep is sentenced to 5 months on each and both counts.

He shall serve the sentence of 5 months imprisonment on each and both counts concurrently and to take effect immediately.

14 days to appeal for each of the Defendants.

DATED at Port-Vila this 9th day of May 2005

BY THE COURT

Vincent LUNABEK
Chief Justice