State v Chand [2008] FJHC 230; HAC156.2008 (16 September 2008)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: HAC 156 OF 2008

BETWEEN:

THE STATE

AND:

VIMAL VIKASH CHAND

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

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

SENTENCE

[1] Vimal Vikash Chand, 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

VIMAL VIKASH CHAND s/o HIRA CHAND on the 27th day of August 2007 at Nausori in the Central Division, without lawful authority possessed 0.5 grams of Cannabis, an Illicit Drug.

[2] On 27 August 2007, you were walking along the Gulam Nabi Street in Nausori when a police officer noticed you behaving in a suspicious manner. The officer approached you and searched you. He found a sachet of dried leaves wrapped in aluminum foil in your possession. The leaves were tested and found to be marijuana, weighing 0.5 grams. In our caution interview you admitted the offence and said the marijuana was for your own use.

[3] In mitigation you said you are were 21 years old and single. You resided with your parents. Your father is sickly. You have been in remand for 30 days.

[4] You have 3 previous convictions since 2004. One is for possession of drugs for which you were fined $70.00. In 2005, you were sentenced to 18 months imprisonment suspended for 24 months for an offence of larceny.

[5] I note you did not commit any offence while on suspended sentence.

[6] Generally, a repeated drug offender should expect an immediate custodial sentence. However, I take into account you have been in remand for 1 month and that you have demonstrated an ability to reform yourself if given an opportunity. You are still a young person and have pleaded guilty at the first reasonable opportunity.

[7] In the circumstances, a suspended sentence would be just and appropriate.

[8] You are sentenced to 3 months imprisonment suspended for 1 year. I will now explain the suspended sentence to you.

[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, Nausori for the State
Accused in Person