State v Danford [2008] FJHC 218; HAC075.2008 (12 September 2008)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: HAC 075 OF 2008

BETWEEN:

THE STATE

AND:

JOE DANFORD

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

Date of Hearing: Monday 1st September, 2008
Date of Sentence: Friday 12th September, 2008

SENTENCE

[1] Joe Danford, 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 No.9 of 2004

Particulars of Offence

JOE DANFORD on the 4th day of May, 2006 at Nausori in the Central Division without lawful authority possessed 0.9 grams of Cannabis, an Illicit Drug.

[2] On 4th May 2006, you were in Nausori town when a police officer approached you and asked you what you had in a parcel you were holding. You handed the parcel to the police officer who opened it and found dried leaves in it. You were arrested and interviewed under caution. You admitted being in possession of marijuana. You said the marijuana was for personal use.

[3] The dried leaves were tested and found to be Cannabis, weighing 0.9 grams.

[4] In mitigation you said you are 27 years old, and married with three children aged between 2 and 7 years. Your wife is unemployed. You drive a taxi and earn about $100.00 per week. You are also looking after your elderly parents. You said you are remorseful and promised not to re-offend.

[5] You have no criminal history.

[6] Your mitigating factors are very convincing. The amount of marijuana is insignificant and was for personal use.

[7] In the circumstances, a fine is appropriate. I am satisfied you have means to pay a fine.

[8] You are sentenced to a fine of $200.00. The cash bail of $100.00 that you have posted is forfeited towards this fine. The remaining $100.00 must be paid within one (1) month, in default 3 months imprisonment.

Daniel Goundar
JUDGE

At Suva
Friday 12th September, 2008

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