State v Dovia [2008] FJHC 150; HAC106.2008 (24 July 2008)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: HAC 106 OF 2008

BETWEEN:

THE STATE

AND:

APENISA DOVIA

Counsel: Mr. L. Fotofili for the State
Accused in Person

Date of Hearing & Sentence: Thursday 24th July, 2008

SENTENCE

[1] Apenisa Dovia, you are convicted on your plea of guilty for the offence of unlawful possession of illicit drug.

[2] On 24 April, 2008 at Lami in the Central Division you were found with 0.2 grams of Cannabis (commonly known as Marijuana) without any lawful authority. The marijuana was for your personal use. You admitted the offence when the police caution interviewed you.

[3] Possession of an illicit drug is a serious offence. The maximum penalty prescribed for this offence is life imprisonment. However, the tariff for small amount of possession for personal use is three (3) to nine (9) months imprisonment.

[4] In mitigation you said you are 23 years old, unemployed and single. Your father has passed away and you are living with your mother. You have three brothers who are older than you.

[5] You have no criminal history. This conviction will leave a stain in your life. That in itself is a punishment.

[6] In the circumstances, I consider a sentence of community work is appropriate. You have consented to community work under the Community Work Act of 1994.

[7] You are sentenced to perform twenty (20) hours of community work, under the supervision of the Probation Officer, Suva. You must report to the Probation Officer within 24 hours of this sentence. The 20 hours must be performed within 2 months. After completing your 20 hours of community work, a report must be filed in Court.

[8] A breach of the Community Work Order makes you liable to prosecution and/or the cancellation of this sentence. A copy of this sentence is to be given to the Probation Office today.

[9] This case is adjourned to 29th September, 2008 to check on whether you have complied with this sentence.

Daniel Goundar
JUDGE

At Suva
Thursday 24th July, 2008

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