Public Prosecutor v Etul

SENTENCE 

Introduction 

1.    Bakon Etule pleaded guilty to a single charge of possession of cannabis and accepted the summary of facts of his offending. This is his sentence. 

2.    The maximum penalty for possession of cannabis is a fine not exceeding VT100 million or a term of imprisonment not exceeding 20 years or both.

The Facts

3.    The defendant is from Ambrym part Malo and was 36 years old at the time of his offending. He is also known as Bakon Embulu. On 22 May 2026 Police officers were on duty on patrol near the sanlaet area in Luganville when they noticed a disturbance in the flow of traffic. They noticed a black taxi which had stopped.

Count 1

4.    The Police approached the vehicle and did a search of the vehicle which revealed marijuana substance hidden inside a black basket belonging to the defendant. The Police also arrested the defendant and brought him the Police station.

5.    On 9 June 2026, the Police Forensic Unit reported that the substance taken from the defendant’s car was tested and the results positively identified the substance as marijuana with a total net weight of 135 grams.

Starting point of sentence 

6.    The starting point of sentence is set by considering any aggravating or mitigating factors of the offending with reference to the maximum penalties. The maximum sentence available is a fine not exceeding VT100million or a term of imprisonment not exceeding 20 years or both.
7.    There are no mitigating factors of the offending. The aggravating factors are the total net weight of the cannabis which is 135 grams and the fact that the defendant knew that marijuana was a prohibited substance yet he kept it in his bag for his personal use. 

8.    Guideline decisions of the Court of Appeal referred to by the prosecutions are Wetul v PP [2013] VUCA 26 on cultivation of cannabis and Naio v PP [1998] VUCA 1. A couple of cases were referred to for comparison with the current case. First is PP v Abal [2023] VUSC162 where the Police confiscated from the defendant dried marijuana leaves wrapped in foil which when tested had a net weight of 140 grams. The weight is slightly higher than in the current case. In that case the starting point of sentence was 12 months imprisonment. The end sentence after consideration of mitigating factors was 6 months imprisonment.

9.    The second case referred to was PP v Vari [2026] VUSC 2 14. In that case the Police confiscated dried marijuana in a bush house which when tested had a net weight of 155 grams. The weight is slightly higher still than the current case The Court adopted a starting point of 18 months imprisonment and the end sentence imposed was 81/2 months imprisonment.

10.    The prosecutions submitted that the starting point of sentence should be between 15 to 20 months imprisonment and the end sentence should be within the range of 10 to 15 months imprisonment. Defence Counsel on the other hand also submits that a starting point of 15 months imprisonment would be within range and the end sentence should be suspended.

11.    I set the starting point of sentence at 15 months imprisonment.

Personal factors

12.    The defendant pleaded guilty at the first available opportunity as a sign of remorse therefore the sentence start point is discounted by 33%.

13.    The Same Day Report filed on behalf of the defendant reveals the following personal details about the defendant. He originates from Lalinda village on Ambrym but resides at Avnarara village on South Malo. He lives in a defacto relationship with his wife and they have two children. He completed formal education at class 6. He earns a fortnightly income to support his family by working in construction. The report also reveals that the defendant is a fourth time offender.

14.    Taking into account these factors I reduce the sentence start point by 4 months.

15.    Neither counsel mentioned that the defendant spent some time on remand before being released on bail. The Same Day Report reveals that he spent roughly 2 months in custody which equates to 4 months imprisonment.  The sentence start point is further reduced by 4 months.

16.    The Same Day Report also reveals that the defendant is a fourth time offender. His first offending was for cultivation of cannabis in 2008. In 2011 he was convicted and sentenced for unlawful entry and theft, then in 2015 he was again convicted and sentenced on charges of theft, threats and intentional assault. I will allow and uplift to his sentence start point of 6 months imprisonment.

End Sentence 

17.    The defendant is sentenced to an end sentence of 8 months imprisonment with immediate effect.

18.    The defendant has 14 days to appeal if he is not satisfied with the decision.

DATED at Luganville, Santo this 18th day of September, 2026

BY THE COURT

………………………
Dudley Aru
Judge