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Public Prosecutor v Bice [2007] VUSC 46; Criminal Case 92 of 2006 (7 May 2007)

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

CRIMINAL CASE No.92 of 2006

PUBLIC PROSECUTOR

v

AISING BICE

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

JUDGMENT

This is the trial of the Defendant, Aising Bice. The Defendant was charged with the offence of Possession of Cannabis, contrary to Section 2(13) of the Dangerous Drugs Act [CAP.12]. The Defendant pleaded not guilty to that charge.

The Defendant was represented by Ridgway Blake Lawyers from the Preliminary Inquiry to the pleas.

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) George Towmey
(3) Gerald Molturalala
(4) Uriel Leo
(5) Exhibits:-

- Plants
- Photos
- Crime scene report

The accused had in his possession 205 cannabis seeds and a half of roll of cannabis ready to smoke. The police found the seeds in his house and the half roll on his person.
The Defendant was brought to Vila with the seeds and the half roll smoked cannabis. They were identified, weighed and tested. The test shows the presence of cannabis substance in the seeds and the half roll of cannabis. The weight is of 0.02kg.

The Defendant gave evidence in Court and admitted possession of the cannabis seeds and the half roll. He told the Court that he grows cannabis for consumption and sale.

The law is for the prosecution to prove the elements of the offence against the Defendant beyond reasonable doubt. It there is a reasonable doubt, the Defendant must be acquitted of the charge.

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

"PROHIBITED SUBSTANCES AND MATERIALS

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

(13) Cannabis"

"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 has proved the elements the offence of Possession of cannabis, contrary to Section 2(13) of the Dangerous Drugs Act [CAP.12]. He is convicted accordingly.

VERDICT

Aising Bice is found GUILTY of the offence of Possession of Cannabis, contrary to Section 2(13) of the Dangerous Drugs Act [CAP.12]. He is CONVICTED of it accordingly.

I direct that the 205 seeds and the half roll seized from the Defendant be condemned by 8 May 2007 before lunch time.

DATED at Port-Vila this 7th day of May 2007

BY THE COURT

Vincent LUNABEK
Chief Justice