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Public Prosecutor v Mahit [2011] VUSC 108; CRC 60 of 2011 (7 June 2011)

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

Criminal Case No. 60 / 2011

PUBLIC PROSECUTOR

V

MORRIS MAHIT

Hearing: 7 June 2011
Before: Justice Robert Spear
Appearances: Leon Malantugun for State
Jacob Kausiama for Accused

SENTENCE

1. The accused was arraigned today and pleaded guilty to one count of possessing cannabis seeds and one count of possessing cannabis. He is convicted of both charges.
   
2. The summary of facts is brief. It describes how his mother found cannabis seeds in his room, she informed her husband who then reported the matter to the police. The following day, the accused was arrested and a personal search revealed 5 rolls of cannabis totalling 4.13 grams. The seeds amounted to 3.11 grams.
   
3. The parents of the accused deserved to be commended for the responsible attitude that they have taken. It now enables this Court to put resources in place to assist the accused so that he does not put in jeopardy the hard work he has put into qualifying and obtaining work. His employment is obviously important not just for himself but for his family which includes his wife and young child. ("You understand what I am saying, do you?" The accused acknowledges that he understands English and he understands that he is putting everything at risk because of his wish to consume cannabis).
   
4. I can deal with this man by way of a community based sentence. It certainly appears to me that he understands exactly how much he had at risk and how much he has to lose if he is ever found again with cannabis. It would see himl go to prison and that would have consequences by way of a loss of employment and serious problems for his family.
   
5. So, Morris Mahi, this is the time for you to turn yourself around and commit yourself to a life without cannabis - otherwise not only you but your family is going to suffer.
   
6. You will carry out 75 hours community work. You are also placed under supervision for 12 months with the special conditions that:-
   
   1. You undertake the Niufala Rod programme.
      
   2. You undertake such assessment counselling and treatment for alcohol / drug abuse as directed by your Probation Officer
      
7. You have 14 days to appeal this sentence if you do not accept it.
   
8. You will report to the Supreme Court Office at 3.00 pm today to be served with the community work and supervision orders.
   

BY THE COURT