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Public Prosecutor v Macreveth [2024] VUSC 228; Criminal Case 2020 of 2024 (22 July 2024)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU Criminal Case No. 24/2020
(Criminal Jurisdiction)

PUBLIC PROSECUTOR

v

KAMBOL MACREVETH

Defendant

Coram: Justice Oliver A. Saksak

Counsel: Ms Laura Lunabek for Public Prosecutor
Mr Steven Garae for Defendant

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

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SENTENCE

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1. Kambol Macreveth pleaded guilty to three charges of cultivation of cannabis ( Count 1), possession of cannabis ( Count 2) and domestic violence ( Count 3). And he is for sentence today.
   
2. The Court convicts and sentences him on his own guilty pleas.
   
3. The defendant is a 25 year old single boy residing with his parents at Pepsi Sector 3 Area. On 3^rd February 2024 at around 20:00 hours the defendant returned home drunk and pulled down a small shelter and set it on fire. His mother alerted the Police who attended the scene but the defendant had eluded. But the defendant’s father led the Police to the 7 plants of cannabis plants planted by the defendant. The Police were shown the defendant’s room where they found branches of cannabis in a shopping bag. The Police apprehended the defendant and interviewed him. He freely admitted pulling down the shelter and burning it down. He also admitted to planting the cannabis plants and also to having the cannabis branches in his shopping bag. The weight of the substance was 0.20 grams. He explained that he planted the cannabis for his grandfather and parents to drink when they were sick. He explained further that he was angry at his father who chased him out of the house many times.
   
4. There was no mitigating circumstances. He took the law into his own hands by pulling down the family shelter and burning it down. And planting cannabis to be used for medical purposes is unlawful unless a licence is first obtained in accordance with the relevant law.
   
5. Cultivation of cannabis and possession of it carry the maximum penalty of VT 100 million and not exceeding 20 years imprisonment. And domestic violence carries the maximum penalty of 5 years imprisonment or a fine not exceeding VT 100,000.
   
6. In assessing appropriate sentence, I have taken into consideration the submissions by Prosecution and defence counsel and the pre- sentence report by the Probation Service. I note the cases of Wetul v PP [2013] VUCA 26 and PP v Garae [2022] VUSC 33 which the Court will adopt.
   
7. The offences in Counts 1 and 2 were further aggravated by the domestic violence offence committed. The defendant is a habitual user of the cannabis substance. He used his parents property for his illegal activities. He was rebellious and disrespectful to his parents.
   
8. Taking all these factors together I consider that the defendant’s offendings warrant a custodial sentence to act as a deterrence, to mark the gravity of the defendant’s offending, to mark public condemnation of his unlawful acts and to punish the defendant adequately.
   
9. I therefore sentence the defendant as follows:-
   1. For cultivation of cannabis – Count 1- A sentence of 12 months imprisonment.
   2. For possession of cannabis- Count 2 – A sentence of 12 months imprisonment concurrent.
   100. For domestic violence- Count 3- A sentence of 12 months to be served consecutively with the sentences for Counts 1 and 2 offences.

In total the defendant is sentenced to 2 years imprisonment.

10. In mitigation I reduce his sentence by 1/3 for guilty pleas down to 8 months. Next I consider his family reconciliation showing remorse, his past clean record, his pre-custodial period of 57 days and other factors personal to him. I reduce his sentence further by 6 months. His end sentence shall be 10 months
    
11. I consider that his end sentence should be suspended for a period of 2 years to give him the opportunity to rehabilitate. He must remain offence free for the next 2 years. If he re-offends and is charged and convicted, he will go to prison for 10 months.
    
12. I further sentence him to 60 hours of community work to be performed within 12 months from the date of this sentence.
    
13. That is the sentence of the Court for the defendant. He has a right of appeal against this sentence within 14 days if he so chooses.
    

DATED at Luganville this 22^nd day of July 2024

BY THE COURT

Hon. OLIVER A SAKSAK

Judge