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Public Prosecutor v Vuti [2024] VUSC 226; Criminal Case 1856 of 2024 (22 July 2024)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU Criminal Case No. 24/1856
(Criminal Jurisdiction)

PUBLIC PROSECUTOR

v

ALEX VUTI

Defendant

Coram: Justice Oliver A. Saksak

Counsel: Ms Laura Lunabek for Public Prosecutor
Ms Akineti Yeeon for Defendant

Dates of Plea: 15^th July 2024
Date of Sentence:22^nd July 2024

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SENTENCE

_____________________________________________________________________________________________

1. Alex Vuti pleaded to two charges of unlawful sale and possession of cannabis contrary to section 2 (62) of the Dangerous Drugs Act [ Cap 12]. And he is for sentence today.
   
2. The maximum penalty for both sale and possession of cannabis is VT 100 million in fine and 20 years imprisonment or to both.
   
3. There are no mitigating circumstances for these offences.
   
4. Between the period from January to March 2024 the defendant was caught selling cannabis at VT 100 each roll at Chapius area ( Count 2). And on 1^st March 2024 also at Chapius the defendant was caught with 80.2 grams of cannabis in his possession.
   
5. The defendant has a blemished criminal record. His pre-sentence report indicates that he has been imprisoned twice for offences not specified. It appears he has not learned any lesion or been deterred by his previous incarcerations.
   
6. The Court will adopt the sentencing principle established in Wetul v PP[ 2013] VUCA 26.His offendings fall within category 2.
   
7. On the defendant’s own guilty pleas the Court convicts and sentences the defendant as follows:-
   
   1. For possession of cannabis, Count 1- A sentence of 3 years imprisonment.
   2. For sale of Cannabis, Count 2 – A sentence of 3 years imprisonment concurrent with the sentence for the offence in Count 1.

Altogether the defendant is sentence to 3 years imprisonment as a concurrent sentence.

8. In mitigation, I deduct 1 year from the 3 year sentence representing a 1/3 reduction. The balance is 2 years imprisonment. His sentence is reduced further by 26 days in which he was remanded in custody from 1-27 March 2024.
   
9. And there will be no suspension of his sentence. His end sentence shall be 1 year 11 months and 4 days imprisonment with immediate effect.
   
10. That is the sentence of the Court for the defendant. He has a right of appeal against the sentence within 14 days.

DATED at Luganville this 22^nd day of July 2024

BY THE COURT

Hon. OLIVER A SAKSAK

Judge