State v Roko [2008] FJHC 67; HAC160.2007 (11 April 2008)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Criminal Case No.: HAC 160 of 2007

BETWEEN:

THE STATE

AND:

SAILOSI ROKO

Counsel: Mr. A. Rayawa for the State
Mr. K. Maraiwai for the Accused

Date of Hearing: Thursday 10th April, 2008
Date of Sentence: Friday 11th April, 2008

SENTENCE

[1] Sailosi Roko you are convicted of the offence of found in possession of illicit drugs. The three assessors who presided over your trial and heard the evidence were unanimous in their opinions that you are guilty. I accepted their opinions and convicted you.

[2] The facts are that on 16th May 2006, the police raided your home at Sakoca settlement. Upon seeing the police officers you fled your home to avoid an arrest and to discard the drugs. However, the police managed to apprehend you and seize the drugs you had discarded. The police searched your house and found further drugs in your bedroom and underneath your house. The drugs were cannabis (commonly known as marijuana), weighing 1,958.3 grams. Cannabis is an illicit drug.

[3] The maximum penalty prescribed by the Parliament for this offence is life imprisonment.

[4] You are 30 years old. You are married with four children aged between 1 year and 9 years. Your wife is presently expecting another child. Your family is financially dependent on you for support.

[5] A custodial sentence will cause hardship to your family because you are the sole breadwinner.

[6] You are a first offender. You deserve substantial credit for previous good character.

[7] The aggravating factors are the large quantity of the drugs and that they were for commercial supply. The drugs were separately packaged in aluminum foil and glad wrap. The amount of drugs and the packaging of it show that they were for supply. In your evidence you said you are not a drug user.

[8] Cannabis use is prevalent in our community. The users are generally young people. The number of young people that appear before the courts found in possession of cannabis for personal use is a matter of great concern for the courts.

[9] The courts take a serious view to the commercial supply of cannabis to the members of the community. In supply cases, there is always an element of financial gain for the supplier and selfish disregard of the harm to the users. For this reason a deterrent sentence is called for. People who supply illicit drugs should expect severe sentences from the courts.

[10] Sailosi, after taking into account your previous good character and family circumstances as the mitigating factors, and the large quantity of the cannabis for the purpose of supply as the aggravating factor, I sentence you to four years imprisonment.

[11] I further order that the drugs to be photographed and destroyed under the supervision of the Officer in Charge of the Criminal Registry.

Daniel Goundar
JUDGE

At Suva
Friday 11th April, 2008

Solicitors:
Office of the Director of Public Prosecutions, Suva for the State
Marawai Law, Suva for the Accused