State v Naqiolevu [2008] FJHC 335; HAC180.2008 (2 December 2008)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: HAC 180 OF 2008

BETWEEN:

THE STATE
Complainant

AND:

SENI NAIKAU NAQIOLEVU
Accused

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

Date of Hearing: Monday 1st December, 2008
Date of Sentence: Tuesday 2nd December, 2008

SENTENCE

[1] Semi Naikau Naqiolevu you are convicted on your own 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

SEMI NAIKAU NAQIOLEVU, on the 22nd day of March 2008, at Lami in the Central Division, without lawful authority possessed 3.4 grams of Cannabis Sativa, an Illicit Drug.

[2] The facts are that on 22 March 2008 the police raided and searched your house in Lami with a search warrant. Someone had tipped off the police that you were selling marijuana from your house. Upon searching your house, the police found dried leaves wrapped in a white plastic and kept inside a bottle. The police seized the leaves and $50.00 cash found in your possession. You were interviewed under caution. You admitted selling marijuana from your house and that the $50.00 cash was proceeds from the sale of marijuana. The leaves were tested and found to be cannabis weighing 3.4 grams.

[3] In mitigation you said you are 35 years old and married with two young children. Your family is depended on you for financial support. You said you were selling drugs because you were unemployed, but now you are employed by the Fiji Gas Ltd as a labourer. You earn $83.00 per week. You have no criminal record, or any history of drug use or drug peddling.

[4] Drug peddling is a very serious offence. The courts take a serious stance on drug peddlers because of the prevalence of this offence in our community. There are so many social problems associated with drug use and drug peddlers are responsible for those problems because they are the source of supply of drugs to the members of the public.

[5] On the facts of this case an imprisonment sentence is appropriate. Because the quantity of drugs is relatively small, I impose a sentence of 6 months imprisonment. I now consider whether I should in the exercise of my discretion suspend the imprisonment sentence. An imprisonment sentence is suspended only if there are special circumstances present.

[6] In this case the age does not constitute special circumstance because you are not a young person. But, you are a first time offender and after the commission of this offence you managed to find a full time employment. The fact that you are now employed and your family is depended on you constitutes special circumstances to suspend sentence. Also you have shown genuine remorse by entering an early guilty plea and by co-operating with the police.

[7] I, therefore, suspend your sentence for 2 years. Your sentence is 6 months imprisonment suspended for 2 years. Suspended sentence explained.

[8] Drugs to be destroyed within 14 days.

[9] The cash seized from the offender is forfeited to the State. Counsel for the State to ensure the forfeiture order is complied with.

Daniel Goundar
JUDGE

At Suva
Tuesday 2nd December, 2008

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