State v Saqayalo [2008] FJHC 229; HAC153.2008 (16 September 2008)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: HAC 153 OF 2008

BETWEEN:

THE STATE

AND:

ERONI SAQAYALO

Counsel: Mr. A. Rayawa for the State
Accused in Person

Date of Hearing: Friday 12th September, 2008
Date of Sentence: Tuesday 16th September, 2008

SENTENCE

[1] Eroni Saqayalo, 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 Illicit Drugs Control Act No.9 of 2004

Particulars of Offence

ERONI SAQAYALO, on the 12th day of April, 2008 at Naboro Prison, Lami in the Central Division without lawful authority, possessed 8.8 grams of Cannabis, an Illicit Drug.

[2] You are a serving prisoner at Naboro Prison. On 12 April 2008, you were searched by the prison officers after your wife’s visit. You were found with dried leaves wrapped in a plastic inside your underwear. The leaves were tested and found to be marijuana.

[3] In mitigation, you said you were 28 years old, and married with a child aged 2 years. Presently, you are serving a sentence of 18 months imprisonment imposed on 31 December 2007 for an offence of house breaking and larceny. You are due for release in December this year. You seek a concurrent sentence.

[4] Generally, possession of a small amount of marijuana for personal use would not attract an imprisonment sentence. However, in this case you committed the offence while in prison. Prisoners should be deterred from committing further offences whilst in prison. Prison is a place for rehabilitation and not a place for further offending.

[5] The commission of this offence in prison is an aggravating feature.

[6] The mitigating factors are the early guilty plea, co-operation with the police and the accused’s personal circumstances.

[7] After taking into account the mitigating and aggravating factors, I sentence you to 2 months imprisonment. This was a separate and distinct offence. It would be wrong in principle to make the sentence concurrent.

[8] After having regard to the totality principle, a sentence of 2 months imprisonment consecutive to the existing imprisonment sentence is just and appropriate. Your sentence is 2 months imprisonment consecutive to the existing imprisonment sentence.

[9] The drugs are to be destroyed within 14 days and the State is to file a report in Court.

Daniel Goundar
JUDGE

At Suva
Tuesday 16th September, 2008

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