State v Bukavou [2008] FJHC 174; HAC090.2008 (15 August 2008)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: HAC 090 OF 2008

BETWEEN:

THE STATE

AND:

JOSATEKI BUKAVOU

Counsel: Mr. Daurewa for the State
Accused in Person

Date of Hearing: Friday 8th August, 2008
Date of Sentence: Friday 15th August, 2008

SENTENCE

[1] Josateki Bukavou, you are convicted on your plea of guilty on one count of unlawful possession of illicit drug.

[2] On 6 March 2007 you without lawful authority, possessed 19.3 grams of Cannabis (Marijuana). You work as a shoeshine boy in Suva city. On this day a police officer observed you acting in a suspicious manner at Usher Street. You were approached by the officer and searched. The officer found 25 sachets of dried marijuana leaves in your umbrella.

[3] In your caution interview you said the drugs were for sale.

[4] In mitigation you said you are 23 years old, single and staying with grandparents. Your parents are divorced. You have attained up to Form 4 education.

[5] The offence is serious. You committed this offence while serving a suspended sentence for an offence of robbery with violence, imposed on you on 13 October 2006. For that offence you were sentenced to 2 years imprisonment suspended for 2 years. Within 5 months you committed the second offence.

[6] Your early guilty plea and personal circumstances are the mitigating factors.

[7] The aggravating factor is the purpose of possession being sale.

[8] After taking into account the mitigating and aggravating factors, I sentence you to 3 months imprisonment.

[9] I provided you with an opportunity to show cause on oath why I should not activate your suspended sentence. You said on oath that you are the sole breadwinner for your grandparents and that you would not re-offend.

[10] I am not satisfied that you have shown good cause. You did not think of your grandparents when you committed the second offence. However, your sentence for the robbery with violence was imposed nearly two years ago. Given the lapse of time, it would be unjust to activate the entire suspended sentence. I, therefore, order a partial activation of your sentence.

[11] You are to serve 9 months imprisonment for robbery with violence consecutively with the 3 months imposed in this case.

[12] Your total sentence is 12 months imprisonment effective from today.

Daniel Goundar
JUDGE

At Suva
Friday 15th August, 2008

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