Home | Databases | WorldLII | Search | Feedback Supreme Court of Vanuatu

Public Prosecutor v Donald [2009] VUSC 19; Criminal Case 97 of 2008 (30 March 2009)

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

Criminal Case No. 97 of 2008

PUBLIC PROSECUTOR

V

ALPHONSE DONALD

Coram: Justice N. R. DAWSON

Date of Hearing: 30th March,, 2009
Date of Sentence: 30thMarch, 2009

Counsels: Mr. Obed for Public Prosecutor
Mr. Vira for Accused

SENTENCE

1. Mr. Donald you appear in Court today for sentencing on the charge of being in Possession of Cannabis. On 2nd October, 2008 at Seaside Area you were arrested following an allegation of theft and upon the police conducting a search of you, you were found being in possession of cannabis leaves. You are 16 years of age and you have no previous convictions at all on your record. I have read the Probation Report and I have also read the submissions made on your behalf today by the Defence counsel.
   
2. In sentencing you Mr. Donald it is necessary I take into account the following sentencing factors. The first is that I need to impose a sentence that will promote within you a sensible responsibility so you don’t offend in this way again. You need to acknowledge you can’t behave in this way and behave yourself from now on. It is also necessary for me to denounce you behaviour. Cannabis is a curse in this community, it causes problems and you should not be indulging in its use. I also need to take into account the relative gravity of this offence in comparison with other offences. Beyond the elements of the offence I find there are no aggravating factor I need to take into account when I sentence you. The mitigating factors I need to consider are that you are 16 years of age still, that you have expressed remorse through your counsel and other than this offending you have been a person of good character. Your Probation Report notes that you have shown remorse and that Chief Avock is also indicated that he is willing to assist you with a custom reconciliation ceremony and to support you in the community and with community work. You therefore have some community support for you and that is to your credit.
   
3. Mr. Donald, a starting point for this offending would be a sentence of 100 hours of Community Work. After taking into account the mitigating factors I have mentioned I am convicting and sentencing you to 50 hours of Community Work. I am also sentencing you to 1 year of Supervision. The reason for sentencing you to Supervision is to provide you with support and assistance in the community to ensure you don’t offend again. What you need to do Mr. Donald is put this behind you and get on with your life and live a good useful life and not come back to Court. Young men who continue to offend and come back to Court, at the end of the day, they pay the price they are the ones who go to prison and they ruin their lifes by behaving in that way. This is your chance to say I have made a mistake, I will not do it again and get on with your life and never come back here again. If you never come back to Court it is good for you, it is good for your family and it is also good for the community.
   
4. You have the right to appeal this sentence, for any appeal you must lodge a notice of appeal within 14 days of today’s date.
   

Dated at Port Vila, this 30th day of March, 2009

BY THE COURT

N. R. DAWSON
Judge