State v Waqa [2009] FJHC 125; HAC049.2009 (17 June 2009)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Criminal Case No: HAC049 of 2009

BETWEEN:

THE STATE

AND:

JEREMAIA WAQA

Counsel: Mr. J. Singh for State
Ms T. Leweni for Accused

Date of Hearing: 17th June 2009
Date of Sentence: 17th June 2009

SENTENCE

[1] The accused is convicted on his plea of guilty to a charge of possession of an illicit drug. On 8 January 2007 the accused was found in possession of 0.8 grams of Cannabis.

[2] He has two previous convictions which are 9 years old. I disregard those convictions and treat the accused as a person of previous good character.

[3] The accused is married with a child. He is the sole breadwinner for his family. He earns $1000 per month as a marine engineer.

[4] The amount of Cannabis involved is relatively small. It was neither for personal use nor for sale. The Cannabis was given to him by a friend.

[5] The accused is remorseful for his conduct. He pleaded guilty at the first reasonable opportunity. He has spent 12 days in remand.

[6] Taking these matters into account, the accused is sentenced to a fine of $100.00 in default 3 months imprisonment.

[7] The fine must be paid within 7 days.

[8] Drugs to be destroyed within 14 days.

Daniel Goundar
JUDGE

At Suva
17th June 2009

Solicitors:
Office of the Director of Public Prosecutions for State
Office of the Legal Aid Commission for Accused