State v Sulua [2008] FJHC 236; HAC102.2008 (26 September 2008)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: HAC102 OF 2008

BETWEEN:

THE STATE

AND:

KINIVUWAI SULUA

Counsel: Mr. J. Daurewa for the State
Ms. R. Senikuraciri for the Accused

Date of Hearing: Friday 19th September, 2008
Date of Sentence: Friday 26th September, 2008

SENTENCE

[1] Kinivuwai Sulua, you are convicted on your own plea of guilty on one count of unlawful possession of an illicit drug, contrary to section 5(a) of the Illicit Drugs Control Act No.9 of 2004.

[2] On 18 May 2005, the police raided a house in Kinoya. You were present inside the house. Upon seeing the police, you ran outside and discarded a parcel containing dried leaves. You were apprehended. The leaves were tested and found to be Cannabis or Marijuana, weighing 541.5 grams.

[3] You were charged and granted bail on 20 May 2005. Thereafter you absconded until 17 June 2008 when you were arrested. The delay in this case was caused by you and therefore you are not entitled to benefit from it.

[4] Earlier this year, you committed a similar offence involving 5203.3 grams of Marijuana. You were convicted of that offence and sentenced to 8 years imprisonment on 27 August 2008 (State v Sulua Criminal Case No.HAC023/08Ltk).

[5] You are 33 years old and married with two children. Your children are very young. Your family is depended on you for support. In 2005 you had a clean record. When you committed the offence you were unemployed.

[6] Obviously you found supply of Marijuana a lucrative business. The amount of Marijuana found in your possession is significant. Unfortunately, like many other suppliers of this drug, you have no realization of the effect of drug supply on the community. There are so many social problems associated with marijuana use. The users are usually young people. Many crimes in this country are associated with marijuana use. The courts have a duty to protect the public and the community. Thus, stern punishment is imposed on drug suppliers.

[7] I take these matters into account and sentence you to 2 years imprisonment. I direct my mind to the question of whether I should make this sentence concurrent or consecutive with your existing sentence of 8 years imprisonment. If I make your sentence consecutive, your total sentence would be 10 years imprisonment, which might have a crushing effect on you and take away any prospect for reform. I therefore order you serve this sentence concurrently with your existing sentence.

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

Daniel Goundar
JUDGE

At Suva
Friday 26th September, 2008

Solicitors
Office of the Director of Public Prosecutions, Suva for the State
Legal Aid Commission, Suva (Duty Solicitor) for the Accused