State v Bravo - Sentence [2008] FJHC 172; HAC145.2007L (12 August 2008)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

Criminal Case No. HAC 145 of 2007L

STATE

v

GRACEILA GULLERMINA FERIA BRAVO

Hearing : 11th & 12th August 2008
Sentence : 12th August 2008

Counsel : Ms. V. Lidise for the State
Mr. I. Khan for the Accused

SENTENCE

Graceila Bravo, you stand convicted of one count each of importation and possession of cocaine. The charges arose from one transaction. The same cocaine was subject of importation in count one and possession in count two.

Cocaine is a powerful stimulant contained in the leaf of the coca plant. The dangerous effects of cocaine are enormous. Cocaine can be a lethal drug. It creates psychological dependency and addiction for the users.

The facts reveal an organized trafficking of cocaine. You traveled from Mexico to Argentina where you were given the cocaine. You strapped the cocaine to your body and traveled to Fiji via a flight from Auckland New Zealand. You managed to pass through the Customs authority at the Nadi International Airport undetected.

This raises serious concerns about the existing boarder security measures at the Nadi International Airport. The relevant authority should attend to these concerns urgently otherwise Fiji’s main port of entry could become a haven for drug traffickers.

The quantity of the drugs is substantial and the test reveal the substance is 73.1% cocaine.

The drugs were properly packaged in plastic cubes and numbered. Clearly, the drugs were for commercial purposes albeit it is not clear the market they were for.

In mitigation your counsel said you are 46 years old and a mother of four children. Your first husband has passed away and you are separated from your second partner. You co-operated with the police and the Court by agreeing to many facts thereby saving a lot of Court time. You have no previous convictions. The mitigating factors are your personal circumstances, previous good character and co-operation with the police and court.

The aggravating factors are the quantity of cocaine, the cocaine being 73.1% pure, the planning involved, the trafficking from one country to another without detection and the purpose for possession being purely commercial.

There is no set tariff for the offence of importation and possession of cocaine. The maximum penalty prescribed for this offence by the Parliament is life imprisonment. The maximum penalty of life imprisonment suggests that the Parliament considers this offence to be very serious.

After taking into account the mitigating and aggravating factors, I sentence you on count one (importation of cocaine) to eight years imprisonment, and on count two (possession of cocaine) to eight years imprisonment.

I order the sentences to be served concurrently. The overall sentence is eight years imprisonment.

Daniel Goundar
Judge

At Lautoka
12th August 2008.