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Public Prosecutor v Molisa [2013] VUSC 61; Criminal Case 02-13 (14 May 2013)

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

Criminal Case No. 2/ 2013

PUBLIC PROSECUTOR

V

SAILOSIE BONG MOLISA

Hearing: 14 May 2013
Before: Justice Robert Spear
In attendance: Tabisa Harrison for the Public Prosecutor
Francis Tasso for the Defendant

SENTENCE

1. Sailosie Bong Molisa, you are for sentence having pleaded guilty to three offences under the Dangerous Drugs Act. On 27 March 2013 you pleaded guilty to one charge of possession of cannabis, one charge of supplying of cannabis and one charge of selling cannabis. Those offences carry a maximum term of imprisonment of 20 years which indicates the seriousness with which this offence is considered. There is no dispute about the facts on which you are to be sentenced.
   
2. On 3 November 2012, you went to the Star Wharf in Port Vila and uplifted a shipment of cannabis that was on the motor vessel Ephrogi and which had been sent to you by your associate in Malekula. I note from the pre-sentence report that you were actually with your wife and children on your way to Teouma when you received the call from your cannabis dealer on Malekula advising you that the cannabis was on this particular ship and that it was due to arrive in Port Vila. You cancelled your plan to go to Teouma, went to the wharf and uplifted a parcel containing a total of 290 grams of cannabis. You were then apprehended by the police.
   
3. What makes this case serious in relation to cases of this nature is that this was not a one-off shipment of cannabis but an instalment of your regular supply of cannabis. You have acknowledged that to be so. The cannabis was destined primarily to be provided to your customers at your kava bar as had previous shipments. You stated to the probation officer that you considered that the supply or sale of cannabis was a necessary adjunct to the sale of kava so to attract customers and ensure the profitability of your kava business.
   
4. You are also a cannabis user but, in particular, you had this cannabis both to supply it to others and to sell it all as part of your kava bar operation and that had been the case with previous shipments. This puts you in to the category of being involved with cannabis for commercial purposes. That makes this offending serious indeed.
   
5. There is a real and understandable concern in Vanuatu about the increase in the use of cannabis particularly amongst young people. The reason why cannabis has been able to gain a foothold in Port Vila is because people like you import the drug and sell it in the kava bars. You did so for a personal profit but the harm you have been doing is incalculable. This is how young people become involved with cannabis, become dependent on it, and allow it to become part of their lifestyle with dramatic and damaging effect.
   
6. When a cannabis dealer like you is apprehended, they must be made an example of. When a cannabis dealer at your level is for sentence, one of the dominant features of the sentence must be deterrence. The sentence must send the message out clearly and emphatically that those who deal in cannabis, particularly at a significant commercial level (as is the case here), can expect little or no leniency, they can expect no consideration for personal circumstances, and they will be dealt with for what they are which is someone who is prepared to profit through the misery of others.
   
7. The approach that I must take with you is to send that message out again. It must be understood that those who consider that there is an easy profit to be made in dealing with cannabis must realise it is not worth the risk even if, sadly, they do not appreciate that it is so harmful; particularly to the young and vulnerable. This is serious offending and the sentence will reflect that. You must be held accountable for what you have done.
   
8. Of course, this is not the first time that you have been apprehended for possessing cannabis. You were convicted in 2009 of possessing cannabis and placed under supervision for 12 months. You clearly learned nothing from that sentence. You did not take advantage of the opportunity to work with your Probation Officer under the supervision sentence and correct your life style in this respect. Instead, it appears that you remained committed to the use of cannabis and eventually to the trade of cannabis through your kava bar. This trade is cannabis came about because you considered that was necessary to ensure the profitability of your kava bar business. Well, there is a liability that now arises as a result of your apprehension.
   
9. I have had the benefit of sentencing submissions from both the prosecution and the defence. However, the cases that have been cited to me did not deal with someone who has been such a blatant cannabis dealer as is the case here.
   
10. I consider that a starting point of three years imprisonment is appropriate to mark the seriousness of the offending and to meet the other sentencing objectives. Your previous conviction for cannabis offending requires an uplift of six months to three and a half years.
    
11. You say you are remorseful. However, I am sure that you are only sorry for the predicament that you are in and the fact that you are going to cause a great deal of difficulty for your wife and children because you will not be around to provide for them and care for them. That is difficulty that you have caused and no one else.
    
12. It appears that you are a man of 28 years who displayed some promise yet you have opted for an easy way of life, peddling drugs to make a living and that is simply intolerable in this society.
    
13. I allow you nothing for your expression of remorse because I do not consider that you are prepared to change your ways at all. There are no other mitigating factors here relating to you personally.
    
14. You pleaded guilty to all three charges at the first reasonable opportunity and that requires a reduction of one third against the sentence that would otherwise be imposed on you. That leaves me with an end sentence assessment of twenty eight months imprisonment. I consider that that is an appropriate sentence and the least restrictive outcome for offending at this level.
    
15. You spent sixteen days in custody on remand and that will be reflected in the starting point of this sentence.
    
16. You are accordingly sentenced to two years and four months imprisonment that will be deemed to have commenced on 28 April 2013.
    
17. When you become eligible for parole, I urge the parole board to give consideration, by way of a condition of your parole, that you return to live on your home island of Santo for the duration of the parole period. The pre-sentence report indicates that you come from West Ambrym but it has been clarified in Court today with you that indeed you are from Santo.
    
18. The reason why I consider that the Parole Board should require that you return to Santo is that you have disqualified yourself from the privilege of living here in Port Vila for at least a period of time and you need to go back home and recognise that this town of Port Vila does not need people like you unless you are prepared to mend your ways and live as a law abiding and productive member of this society. However, that is a matter entirely for the Parole Board.
    
19. You have 14 days to appeal this sentence if you do not accept it.
    

BY THE COURT