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Public Prosecutor v Nasaoma [2004] VUSC 10; Criminal Case No 049 of 2003 (24 February 2004)

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

Criminal Case No. 49 of 2003.

PUBLIC PROSECUTOR

-v-

WOPA NASAOMA
SELWYN DANIEL
HUDSON BILL
MICHAEL SEMION
PAUL NARANTAJ
FELIX GEORGE

Coram: Mr. Justice Bulu

Mr. Eric Csiba and Mr. Tevi for the Public Prosecutor
Mr. Toa for the Accused

SENTENCE

The accuseds, Messrs. Wopa Nasaoma, Selwyn Daniel, Michel Simeon, Paul Narantaj and Felix George on 3rd February 2004 all pleaded guilty to the following charges:-

Count 1: “... yufala evriwan blong Aneityum mo stap liv long Aneityum nomo. Samtaem long between July 2002 kasem long middle blong year 2003, yufala ibin plantem ol cannabis plant long area blong yufala long Aneityum.”

Count 2: “... samtaem between July 2002 kasem middle year 2003 long Aneityum, yufala ibin kat long possession blong yufala ol cannabis plant long area blong yufala long Aneityum.”

The charge against Hudson Bill in Count 1 was withdrawn due to lack of evidence. Mr. Hudson pleaded guilty to Count 2 only.

Facts

In July 2002 Mr. Wopa Nasaoma received 8 seeds of cannabis from Selwyn Daniel to plant. He took them to North Aneityum and planted them. Only one survived and grew to about 2 metres. When the plant was still young he and Selwyn smoked the leafs. When the plant matured about 2 metres tall he gave the seeds to others. When he smoked it he felt sleepy.

Hudson Bill gave the seeds to Mr. Selwyn Daniel. This was corroborated by Selwyn Daniel and Mr. Wopa.

Selwyn Daniel received the seeds from Hudson Bill and passed them on to Mr. Wopa. This he admitted in his statement to the Police on 24th September, 2003.

Paul had 22 seeds from Roger Frank from Australia. He obtained Felix’s help in planting the seeds. Roger had told him that they were cannabis seeds and instructed them to plant the seeds as he will return for them. Paul and Felix planted the 22 seeds. However they died very young.

Felix had teamed up with Paul and planted the 22 seeds following Frank’s instructions. They did smoke the leaf but that was given by Mr. Wopa.

Daniel received two seeds from Mr. Wopa in May 2003 and planted them. They grew but the Police confiscated them when they were still young.

The record of interviews the Police made with each accused are accepted as admissible evidence. Counsel on behalf of the accused has not objected to any or the manner in which the information was obtained from the accused.

The cultivation, possession and supply of cannabis is a very serious crime which carries a maximum penalty of vt 100,000,000 fine or an imprisonment term not exceeding 20 years.

Wopa Nasaoma. There are certainly aggravating factors in your case. These include

• Possession of cannabis
• Cultivation of cannabis.
• Distribution or supply of cannabis seeds
• Distribution or supply of cannabis leaf
• Smoking of cannabis
• You knew it was cannabis

Counsel on your behalf has directed the Court to mitigating factors in your behalf. These include:

• Cooperation with the Police
• Admitting to the Police your involvement in the cultivation of cannabis
• Surrendering 106 seeds to the Police on 24th September 2003
• Cultivation of the seedlings were not for commercial purposes
• Pleaded guilty and hence avoided a long and costly trial
• You express deep remorse and regret at what you did

I must balance the aggravating circumstances and the mitigating ones one against the other to reach a conclusion. In my opinion the aggravating factors are such that a custodial sentence would be the appropriate sentence. You knew the seeds were cannabis seeds. You still went ahead and not only planted the seeds but also supplied the seeds and leafs to others on the Island. Defendant, Wopa Nasaoma, I sentence you to 4 months imprisonment in relation to Count 1 and 6 months imprisonment in relation to Count 2. The terms will run consecutively. You will serve a total of 10 months in prison.

Selwyn Daniel. There are certainly aggravating factors in your situation. These include the following-

• Knew seeds were cannabis seeds (8)
• Possession of cannabis

Counsel on your behalf drew the Court’s attention to mitigating factors in your favour. These include-

• Cooperation with the Police
• First time offender
• Pleaded guilty to the charges
• Expressed deep remorse and regret at what you did

Taking into account the mitigating factors and the aggravating factors a suspended custodial sentence would be the appropriate penalty in your circumstance. Defendant, Mr Daniel I sentence you to 3 months imprisonment in relation to Count 1 and to 4 months imprisonment in relation to Count 2 and the terms are to run consecutively. The sentence is suspended for two years.

Hudson Bill There are certainly aggravating factors in your situation. These include-

• Possession of seeds
• Supply of seeds(passed seeds to Selwyn)
• Knew that the seeds were cannabis seeds

Counsel on your behalf submitted mitigating factors which includes the following -

• First time offender
• Pleaded guilty to Count 2
• Expressed deep remorse

The Court has taken into account aggravating factors and mitigating factors and in the circumstances a suspended sentence is the appropriate penalty. Defendant Hudson Bill, you are sentenced to 5 months imprisonment. The sentence is suspended for 2 years.

Michel Simeon. There are certainly aggravating factors in your case. They include-

• Possession of two seeds
• Planted the seeds
• Knew that the seeds were cannabis

Mitigating factors put to the Court by Counsel on your behalf includes the following-

• First time offender
• Cooperated with the Police
• Admitted to Police that you planted two seeds and they grew
• Pleaded guilty to both counts
• No indication that cultivation was for commercial purpose
• Expressed deep remorse

In taking account of the aggravating factors and the mitigating factors in your circumstance the appropriate sentence would be suspended sentence. Defendant Michel Simeon I sentence you to 3 months imprisonment on Count 1 and 6 months imprisonment on Count 2. The terms to run consecutively. The sentence is suspended for 2 years.

Paul Narantaj There certainly are aggravating factors in your situation. They include-

• Possession of seeds (22)
• Knew the seeds were cannabis seeds
• Planted the seeds

Factors mitigating the aggravation of your situation includes the following

• First time offender
• Cooperated with Police
• Admitted your role in cultivation of cannabis
• Pleaded guilty to both counts
• Expressed deep remorse

Balancing the aggravating factors and the mitigating factors one against the other the Court considers the appropriate penalty would be a suspended sentence. Defendant Narantaj, I sentence you to 3 months imprisonment on Count 1 and to 6 months imprisonment on Count 2. The terms to run consecutively. The sentence is suspended for a period of two years.

Felix George There are certainly aggravating factors in your situation. They include-

• Possession of seeds (22)
• Knew seeds were cannabis seeds
• Planted the seeds

Mitigating factors put to the court on your behalf includes the following-

• First time offender
• Cooperated with Police
• Admitted your role in cultivation of cannabis
• Pleaded guilty to both counts
• Expressed deep remorse

Taking into account the mitigation and the aggravation factors a suspended sentence would be the appropriate sentence. Defendant George, I sentence you to 3 months imprisonment on Count 1 and to 6 months imprisonment on Count 2. The terms to run consecutively. The sentence is suspended for two years.

You all have the right to appeal the sentences within fourteen days.

MADE at Port Vila, this 24th day of February 2004.

H. BULU
Judge.