State v Meli [2008] FJHC 175; HAC130.2008 (15 August 2008)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: HAC 130 OF 2008

BETWEEN:

THE STATE

AND:

TAIONE MELI

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

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

SENTENCE

[1] Taione Meli you are convicted on your plea of guilty for the following offence:

Statement of Offence

UNLAWFUL POSSESSION OF ILLICIT DRUG: Contrary to Section 5(a) of the Illicit Drugs Control Act, 2004

Particulars of Offence

TAIONE MELI, on the 10th day of November, 2007 at Suva in the Central Division, without lawful authority possessed 2.0 grams of Cannabis, an Illicit Drug

[2] You are a wheelbarrow boy at the Suva Market. You were found with 4 sachets of dried marijuana leaves wrapped in foil at Usher Street. I have observed that many drug offenders are caught at Usher Street. I have also observed that the offenders are either shoeshine or the wheelbarrow boys. These young men obviously are being exploited for drug sale because of their vulnerability arising from poverty and unemployment.

[3] However, criminal activities cannot be justified on grounds of poverty and unemployment.

[4] You have no history of drug use or sale. In 2005 you were convicted of robbery with violence and were conditionally discharged. On 15 July 2008 you were convicted of shop breaking and larceny and sentenced to 2 years imprisonment suspended for 3 years. You committed this offence before the suspended sentence was imposed on you.

[5] In mitigation you said you are 20 years old and single. The amount of drugs involved is very small.

[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 3 days of this sentence. The 20 hours must be performed within 2 months. After completing your 20 hours 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 20 October 2008 to check on whether you have complied with this sentence.

Daniel Goundar
JUDGE

At Suva
Friday 15th August, 2008

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