State v Kleimann [2008] FJHC 178; HAC117.2008 (18 August 2008)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: HAC 117 OF 2008

BETWEEN:

THE STATE

AND:

MARTIN KLEIMANN

Counsel: Ms. R. Drau for the State
Accused in Person

Date of Hearing: Friday 15th August, 2008
Date of Sentence: Monday 18th August, 2008

SENTENCE

[1] Martin Kleimann you have pleaded guilty to the following offence:

Statement of Offence

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

Particulars of Offence

MARTIN KLEIMANN, on the 7th day of April 2008 at Waila, Nausori in the Central Division, without lawful authority possessed 2.8 grams of Cannabis, an Illicit Drug

[2] I am satisfied you pleaded guilty voluntarily after knowingly and competently waiving your trial rights. You are convicted as charged.

[3] On 7 April 2008 the police conducted a search of your house and found dried leaves inside a bag inside your bedroom. The leaves were tested and found to be 2.8 grams of Marijuana.

[4] You are 42 years old and married with three children aged between one and seven. You are a private contractor and a person of previous good character. You said the drugs were for personal use.

[5] 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.

[6] 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 work, a report must be filed in Court.

[7] 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.

[8] This case is adjourned to 20 October 2008 to check on whether you have complied with this sentence.

Daniel Goundar
JUDGE

At Suva
Monday 18th August, 2008

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