Public Prosecutor v Tari

SENTENCE

Introduction

1.    The Defendant Rota Tari entered a plea of guilty to a count of unlawful possession of cannabis contrary to section 2 (62) of the Dangerous Drugs Act CAP 12 when she was arraigned on the 19th May 2026. She accepted the prosecution’s outline of the facts and was duly convicted.

2.    She comes before this Court today to be sentenced for that offence.

 Facts 

3.    The Defendant was 31 years old at the time of the offending and lived with her auntie at Blacksands, Efate.

4.    On the 25th September 2021, the Police executed a search warrant on the property occupied by the Defendant. During the search, they found substances believed to be cannabis in her room.

5.    The substances underwent a presumptive test. It tested positive for cannabis. The total weight of the substance was 119 grams.

6.    The Defendant was interviewed under caution by the police on the 26th September 2021. She made full admissions.

Statutory Maximum Sentence

7.    A conviction for the offence of unlawful possession of cannabis attracts a sentence of 20 years imprisonment or a fine not exceeding VT100, million, or both such fine and imprisonment.

Aggravating Factors

8.    The amount of cannabis found at her house was fairly large

Sentencing purpose and Guideline

9.    There are several principles that guide the sentence to be imposed on the Defendant. They include the proposition that the Defendant must be held accountable and must take responsibility for her action. Additionally, the Defendant’s action is the kind that is denounced by society, and that similar future acts by the Defendant and others must be deterred.

10.    Equally important is that the Defendant must be given ample opportunity to rehabilitate.

11.    The approach taken in the present case follows the guidance given by the Court of Appeal in the case Jimmy Philip v Public Prosecutor [2020] VUCA 40.

Starting Point

12.    In assessing the appropriate starting point, I have taken into account the statutory maximum sentence, as well as the aggravating and mitigating factors of the offending.

13.    I have considered the submissions made by counsels, and also the case authorities they referred to for the Court’s consideration. The prosecuting counsel alluded to two cases of a similar nature: Public Prosecutor v Miles Kisale [2011] VUSC 222 and Joshua Matahi Mansi [2019] VUSC 158 where this Court adopted a starting point of 16 months and 20 months respectively. Counsel recommends 12 months imprisonment as the appropriate starting point.

14.    The defence counsel proposes a starting point ranging from 10 to 12 months. The two cases that counsel considered each adopted 12 months as starting point.

15.    I adopt a starting point of 12 months.

Guilty Plea

16.    The Defendant pleaded when arraigned for the first time in this Court. She receives a discount of 25% from the starting point.

Mitigating and Personal Factors

17.    The Defendant is now 36 years old and lives at a rented property situated at Freshwota. She was in a defacto relationship. Her partner moved away recently. They have no children. However, she has 4 children from her previous two relationships.

18.    Her formal education ended at class 4, after the family’s financial difficulty prevented her from continuing at school. She has however, undertaken several short business courses.

19.    The Defendant is employed as a cleaner at a kava bar and had previously travelled abroad for seasonal work on two occasions. She contributes to the maintenance of her children.

20.    This offending took place in May 2021, about five years ago. The delay in bringing this matter to Court is a matter of concern and will be taken into account when computing the Defendant’s end sentence.

21.    The Defendant does not have a record of a prior criminal conviction. However, she appears not to have shown any remorse. Although she had pleaded guilty to the charges, admitted ownership of the substances and accepted the facts. In this Court, she told the probation officer who interviewed her that the substances did not belong to her, but to the owner of the house she was living in.

22.    For these personal and mitigating factor, the Defendant’s sentence is reduced by a further 6 months. 

End Sentence

23.    Rota Tari, after taking into account all these matters, I impose of you an end sentence of 3 months imprisonment.

24.    I have considered how this sentence will be served. I note the provisions of section 57 of the Penal Code and the matters that I need to take into account. The circumstances of the offending and your prior unblemished record warrant the suspension of your sentence. The sentence of 3 months is suspended in its entirety for 6 months.

25.    You have 14 days to appeal this sentence. 

26.    The substance seized by the Police will be destroyed.

DATED at Port Vila this 3rd day of July 2026
BY THE COURT 

…………………………………………. 
Hon. Josaia Naigulevu 
Justice