State v Tikoitoga [2008] FJHC 109; HAC055.2008 (23 May 2008)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Criminal Case No.: HAC 055 of 2008

BETWEEN:

THE STATE

AND:

SUKULU TIKOITOGA

Counsel: Mr. Fotofili for the State
Accused in Person

Date of Hearing: Monday 19th May, 2008
Date of Sentence: Friday 23rd May, 2008

SENTENCE

[1] Sukulu Tikoitoga you stand convicted of one court of unlawful possession of illicit drugs on your plea of guilty.

[2] I am satisfied that you voluntarily entered your plea of guilty after knowingly waiving your right to a counsel and your right to a trial.

[3] The facts are that on 25th October, 2006 at 8.15am you were walking along the Renwick Road in Suva when a police officer noticed you carrying a Canterbury Sports bag and behaving in a suspicious manner. The police officer searched your bag and found dried leaves and seeds inside the bag. You were arrested and taken to the Central Police Station.

[4] You were interviewed under caution at the police station. You admitted being in possession of marijuana which you bought from a Fijian boy at the Suva Market. The leaves were tested by a government analyst who found the leaves to be Indian Hemp (commonly known as marijuana) weighing 25.1 grams.

[5] In mitigation you said you are 19 years of age. Your mother is a market vendor and your father is serving life imprisonment for murder.

[6] You told the Court that on 12th May, 2008 you were convicted of being in possession of breaking instruments and sentenced to one year imprisonment. You seek a concurrent sentence in this case.

[7] Your criminal records reveal a shocking history. You have 18 convictions since 2006. None is for drugs.

[8] You started committed crime when you were a juvenile. You have committed some very serious crimes such as robbery with violence, breaking into houses and stealing and assaulting police officer. For some of these crimes you were placed on probation under the supervision of a pastor.

[9] However, you continued to commit further offences. Obviously, you are not showing any sign of reform.

[10] In your caution interview you said the marijuana was for personal use. I am unable to accept that the 25.1 grams of marijuana was for your personal use.

[11] Firstly, you are unemployed and you do not have means to buy 25.1 grams of marijuana. Secondly, you were walking with a bag containing the marijuana in the central Suva City. There is circumstantial evidence that the marijuana was for commercial purpose.

[12] The tariff for small scale possession of marijuana for a commercial purpose on circumstantial evidence of sale is between 2 to 4 years. You do not have any history of drug supply.

[13] After taking into account your young age, family circumstances, no history of drug supply, co-operation with police and guilty plea, I sentence you to 3 months imprisonment.

[14] This offending is distinct and separate from the offending for which you are currently serving one year imprisonment. Therefore, you must serve this 3 months imprisonment consecutively with any term of imprisonment you are currently serving.

[15] I further order the drugs to be destroyed under the supervision of the State Counsel. The State Counsel must file a report in Court confirming the destruction of drugs within 30 days.

Daniel Goundar
JUDGE

At Suva
Friday 23rd May, 2008

Solicitors:
Office of the Director of Public Prosecutions, Suva for the State
In Person for the Accused