State v Bechu [2008] FJHC 152; HAC100.2008 (25 July 2008)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: HAC 100 OF 2008

BETWEEN:

THE STATE

AND:

FREDDY BECHU

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

Date of Hearing & Sentence: Friday 25th July, 2008

SENTENCE

[1] Freddy Bechu, you have pleaded guilty to the following offence:

Statement of Offence

UNLAWFUL POSSESSION OF AN ILLICIT DRUG: Contrary to Section 5(a) of the Illicit Drugs Control Act No. 9 of 2004

Particulars of Offence

FREDDY BECHU s/o BILLY BECHU on the 23rd day of March 2008 at Levuka, Ovalau in the Eastern Division, without lawful authority, possessed 5.0 grams of Cannabis, an Illicit Drug

[2] I am satisfied you have freely and voluntarily pleaded guilty. You are convicted as charged.

[3] On 22 March 2008 at 7.15pm you were arrested by a police officer at the Levuka Town and taken to the police station. At the station the officer searched you and found 9 rolls of dried leaves hidden in your underpants. The leaves were tested and found to be 5.0 grams of marijuana. You were caution interviewed. You admitted you had the marijuana in your possession for sale.

[4] Drug peddling is a serious offence. Generally, an immediate custodial sentence is warranted.

[5] In mitigation you said you are 42 years old and single. You have an elderly mother who is depended on you. Three weeks ago you secured an employment with Airport Buses. You earn $70.00 per week. You have no history of drug use or drug peddling. The amount involved is relatively small.

[6] Taking these matters into account, I sentence you to 6 months imprisonment suspended for 2 years. In the next 2 years if you commit any other offence, you may have to serve this sentence of 6 months imprisonment in addition to any other sentence imposed on you for the other offence.

[7] In addition you are fined $100.00 to be paid to the Levuka Court Registry within 30 days from this sentence, in default 3 months imprisonment. The Officer Incharge of the Levuka Registry should advise in writing to the High Court Criminal Registry.

[8] The $20.00 seized from you by the police is forfeited to the State.

[9] The drugs must be destroyed within 21 days. State Counsel must file a report of the destruction of drugs within 30 days from this sentence.

Daniel Goundar
JUDGE

At Suva
Friday 25th July, 2008

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