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Public Prosecutor v Jerry [2007] VUSC 28; Criminal Case 98 of 2006 (6 May 2007)

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

CRIMINAL CASE No.98 of 2006

PUBLIC PROSECUTOR

-v-

JOHN JERRY

Ms Kayleen Tavoa, Public Prosecutor
The Defendant in person and on his own behalf

JUDGMENT

This is the trial of the Defendant, John Jerry. He is charged with one count of the offence of Possession of Cannabis, contrary to Section 2(13) of the Dangerous Drugs Act [CAP.12] and one count of Cultivation of Cannabis plants, contrary to section 4 of the Dangerous Drugs Act [CAP.12]. The defendant pleaded not guilty to both counts.

The defendant, like 21 others, was represented by the Law Firm of Ridgway Blake Lawyers until the plea. The defence counsel were excused with the leave of the court.

The prosecution and the Defence Counsel have considered the case prior to Court sitting and agreed that the following statements and exhibits go in by consent:-

(1) Moses Tom
(2) Arnold Webak
(3) Gerald Molturalala

Exhibits
- Plants
- Photo
- Crime Scene report

Briefly the facts are that Moses Tom, the Chief of Melip Village reported the matter to the police. On 20 October 2006, the police arrested the defendant. He planted 8 Cannabis plants in one garden and 25 cannabis plants in another garden. The defendant showed a VMF officer, Arnold Weibak where the cannabis plants were planted. The defendant was brought to Vila with the Cannabis plants. The plants were identified, weighed and tested. They are weight 14.98 kg. The result of the test show the presence of cannabis substance in the plants.

The defendant exercise his right to remain silent and not to give evidence. However, in his final submission, the defendant submitted that he followed the 10 Commandments. Cannabis is god’s creation so he planted cannabis.

The law is for the prosecution to prove the essential elements of the offence charged against the defendant beyond reasonable doubt. If there is a reasonable doubt, the defendant must be acquitted of the offence.

Section 2(13), 4 and 17 of the Dangerous Drugs Act [CAP.12] are the relevant provisions. They provided as follows:-

"PROHIBITED SUBSTANCES AND MATERIALS

2. The .... possession in Vanuatu of the following substances and materials ... is prohibited:

(13) Cannabis"

"PROHIBITION OF CULTIVATION OF CANNABIS PLANT

4. The cultivation of any plant of the genus Cannabis shall be prohibited."

"PENALTIES FOR CONTRAVENTION OF REGULATION

17. Every contravention of this regulation shall constitute an offence punishable by a fine not exceeding 100 million Vatu or to a term of imprisonment not exceeding 20 years or to both such fine and imprisonment."

Applying the law to the facts, the prosecution fails to proved the offence possession of cannabis, contrary to Section 2(13) of the Dangerous Drugs Act [CAP.12] beyond reasonable doubt, against the defendant.

The prosecution has proved the offence of cultivation of cannabis, contrary to section 4 of the Dangerous Drugs Act [CAP.12] beyond reasonable doubt, against the defendant John Jerry.

VERDICT

• The defendant, JOHN JERRY is found NOT GUILTY of Possession of Cannabis, contrary to S.2(13) of the Act and is ACQITTED of the offence of Possession of Cannabis accordingly.
• The defendant is GUILTY and CONVICTED of the offence of Cultivation of Cannabis plants contrary to Section 4 of the Act.

I direct that the 33 Cannabis plants seized from the defendant by the police be condemned by 8 May 2007 before lunch time.

DATED at Port Vila this 6th day of May, 2007

BY THE COURT

Vincent LUNABEK
Chief Justice