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Public Prosecutor v Malrory [2025] VUSC 26; Criminal Case 188 of 2025 (24 February 2025)

SENTENCE

1. The Defendant Malex Malrory pleaded guilty and accepted the summary of facts relating to one charge of possession of 1.056 grams of cannabis contrary to subs. 2(62) of the Dangerous Drugs Act [CAP. 12]. He is convicted on his plea and the admitted facts.
   
2. On 15 November 2024, Mr Malrory signed in at the Police station. However, his eyes were so red that the Police suspected that he had consumed cannabis. A search of his person revealed a match box filled with material that testing confirmed to be 1.056 grams of cannabis.
   
3. Mr Malrory is 22 years old. He is a Year 7 leaver. He uses his carpentry and gardening skills to earn an income. He has a de facto partner and is expecting their first child. He has no previous convictions. He pleaded guilty at the earliest opportunity.
   
4. He has been in custody since 16 November 2024 to the present date, as a result of breaching his bail conditions. That bail must have been imposed in a separate matter as the offending which is the subject of the present matter occurred on 15 November 2024. Ms Taleo confirmed today that the bail was imposed in a matter in the Magistrates’ Court. Accordingly, the time spent in custody since 16 November 2024 must be counted in the separate matter in which the condition of bail was breached. The Prosecution is reminded to bring any charges arising from breach of bail in the same matter in which bail was granted, not in an entirely new matter as has occurred in the present case.
   

End Sentence

5. Taking all of those matters into account, the end sentence imposed is 12 months supervision with a special condition that Mr Malrory attends a drug awareness and rehabilitation program, and 70 hours of community work to be completed within 12 months.
   
6. Mr Malrory has 14 days to appeal this sentence.
   
7. The drugs are to be destroyed.
   

DATED at Luganville this 24^th day of February 2025
BY THE COURT

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Justice Viran Molisa Trief