State v Sulua [2008] FJHC 182; HAC023.2008 (27 August 2008)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

Criminal Case No. HAC 023 of 2008

STATE

v

KINI SULUA

Hearing : 26th – 27th August 2008
Sentence : 27th August 2008

Counsel : Ms. J. Cokanasiga for State
Accused in Person

SENTENCE

Kini Sulua, following a trial before three assessors, you were found guilty and convicted of one count of unlawful possession of an illicit drug.

On 10th April 2008 you boarded the carrier of Laisiasa Madua at Tabuarua Settlement, Navosa, with a bag and sack containing dried leaves. On the way to Sigatoka town, the carrier was stopped and searched by police officers at Navosa Police Station. The police seized your bag and sack containing the dried leaves wrapped in cloth, plastic bag and foil. The leaves were tested by government analyst and found to be cannabis sativa or marijuana, weighing 5203.3 grams.

In mitigation you said you are 33 years old, unemployed and married with two children aged 1 month and 3 years. Your education level is Form 6. You have no history of drug use or supply. I noted that you broke down into tears during mitigation. You sought forgiveness from the Court. You have two minor convictions for drunk and disorderly. I disregard those convictions and treat you as a person of previous good character. I take into account that a custodial sentence will cause hardship to your family.

The maximum sentence for being in possession of any illicit drug is life imprisonment or a fine up to $1,000,000.00 or both. The type of drug possessed, the purpose of possession, and the characteristics of the offender are matters to be taken into account in sentencing.

The amount of marijuana is significant. 5203.3 grams is not "small scale possession". The drugs were properly wrapped. I take the drugs were for a commercial purpose with the object of deriving profit.

Possession of marijuana is prevalent in our community. Obviously there is a market for this drug. Unfortunately the users are young people. Also the use of marijuana in our community in many cases is linked to violent crime. The courts take a serious view of those who sell or supply the drugs to others, for commercial profit or gain.

In your favour is your previous good character and personal circumstances. You have spent about a month in custody pending trial.

The aggravating factors are the significant amount of marijuana and that it was for a commercial purpose.

After taking into account the mitigating and aggravating factors, and the time spent in custody, I sentence you to 8 years imprisonment.

The drugs must be destroyed by the police within 14 days and thereafter a report must be filed in Court by Counsel for the State.

Daniel Goundar
Judge

At Lautoka
27th August 2008.