Singh v The State [1998] FJHC 57; Haa0011j.1998b (27 April 1998)

Fiji Islands - Harjeet Singh v The State - Pacific Law Materials

IN THE HIGH COURT OF FIJI

AT LABASA

APPELLATE JURISDICTION

CRIMINAL APPEAL NO, 11 OF 1998

BETWEEN:

HARJEET SINGH
s/o Guru Charan Singh
Appellant

AND:

STATE
<Respondent

Aant in Person
Mbr> Ms. Laisa Laveti for the Respondent

JUDGMENT

By the Magistrate's Court, Labasa thellant was convicted on the the First Count for the offence of being Found in Possession of Indian Hemp and on the Second Count for Growing Indian Hemp contrary to section 8(b) and 41(2) of Dangerous Drugs Act Cap 114 as amended by Dangerous Drugs Act (Amendment Decree No. 4 of 1990) and Dangerous Drugs Act (Amendment Decree No. 1 of 1991). He was sentenced to imprisonment for 3 months on the first count and 2 years on the second count concurrent.

The Appellant asks for a reduction in the sentences as they are harsh and excessive. He is 32 years old and has a yagona farm.

The learned State Counsel opposing the Appeal submitted that the sentences which were imposed under the above-mentioned Act were mandatory and in this case minimum sentences were imposed.

I find that there is no merit in this Appeal on the ground stated by Ms. Laveti.

The appeal is dismissed.

D. Pathik
JUDGE

At Labasa
27 April 1998

Haa0011j.98b