State v Busa [2008] FJHC 329; HAC179.2008 (28 November 2008)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: HAC 179 OF 2008

BETWEEN:

THE STATE
Complainant

AND:

KEMUELI BUSA
Accused

Counsel: Ms. H. Tabete for the State
In Person for the Accused

Date of Hearing: Friday 21st November, 2008
Date of Sentence: Friday 28th November, 2008

SENTENCE

[1] Kemueli Busa you are convicted on your own plea of guilty to the following offence:

Statement of Offence

FOUND IN POSSESSION OF ILLICIT DRUGS: Contrary to Section 5(a) of the Illicit Drugs Act No.9 of 2004

Particulars of Offence

KEMUELI BUSA on the 30th day of December 2006 at Rewa Bridge, Nausori in the Central Division without lawful authority possessed 1.9 grams of Cannabis, an illicit drug.

[2] The facts are that on 30 December 2006 at about 8.00pm, you were driving a motor vehicle when you were stopped at a checkpoint manned by police officers. The vehicle was searched and the police officers found some dried leaves inside. The leaves were tested and found to be marijuana.

[3] Under caution interview you admitted being in possession of marijuana for personal use.

[4] In mitigation you said you are 19 years old, single and unemployed. Currently, you are serving a sentence for an unrelated offence but at the time you committed this offence you had a clean record.

[5] The mitigating factors are your guilty plea, young age, personal circumstances, co-operation with the police, remorse and previous good character. Normally in these circumstances a non-custodial sentence is imposed because the quantity of drugs is relatively small and the drugs were for personal use. However, in this case you are serving an imprisonment sentence. A just result could be achieved by imposing an imprisonment sentence and making it concurrent with the existing sentence.

[6] You are sentenced to 3 months imprisonment concurrent to any existing imprisonment sentence.

[7] Drugs to be destroyed within 14 days.

Daniel Goundar
JUDGE

At Suva
Friday 28th November, 2008

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