State v Naturu [2010] FJHC 239; HAC004.2010 (9 July 2010)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 004 OF 2010

STATE

V

1. WAISALE NATURU
2. RONALD RITESH CHAND
   

Mr. T. Qalinauci for the State
Both Accused in Person

Date of Hearing: 6, 7 & 9 July 2010
Date of Sentence: 9 July 2010

SENTENCE

[1] Waisale Naturu and Ronald Ritesh Chand have been found guilty by this Court of the offence of growing Indian hemp also known as marijuana.

[2] The facts before the Court show that in July 2004 the Police discovered a farm near Namoli village in the Sigatoka Valley where they uprooted 2,335 plants and sent them to the Government Laboratory for testing.

The second accused was seen running away from the farm when the Police team arrived. Both accused made admissions to cultivating the plants to the Police. The plants after analysis were found to be Indian hemp or cannabis sativa, of a total weight of 455 kilograms.

[3] The first accused, is a farmer aged 37. He has a young family and cares for his elderly father. He has been educated to Class 3. He tells me that the local villagers have reconciled with the Police and church leaders over the cultivation of illicit drugs in that area. I am afraid that does not help him as a farmer of those drugs.

The second accused is 23, single and also a farmer. He is educated to Class 8.

Both accused are remorseful and ask for forgiveness.

[4] The cultivation of marijuana, especially in the hinterland above the Coral Coast is an ever growing problem in Fiji. It provides not only quick and easy money to the farmers but also a quick and easy route to despair and destruction, for Fiji’s youth. While marijuana may not be regarded as harmful in many quarters, its use does however provide a stepping stone to more sinister drug abuse and creates a climate of total disregard for authority and accepted social norms.

[5] In a similar case in 2003, Tunidau v State (HAA 45/2003) Shameem J. examined sentences for the offence and cited with approval the English authorities of R v Aramah (76 Cr. App. R. 190) and Bilinski (9 Cr. App. R (S) 360) where those cases held that supply of cannabis (including cultivation) of massive amounts would lead to sentences of 10 years imprisonment for those playing "more than a substantive role".

[6] This is obviously a "massive amount" and nothing of the like has ever been before the Courts in this country before. The legislature has obviously been cognizant of the insidious nature of this offence by making the maximum penalty to be 14 years imprisonment.

[7] In the case of State v Sheik Mohammed (HAC 33/2009), I passed a term of 10 years on the accused who was transporting 4,833 grams of cannabis sativa for the purposes of sale. This farm yielded 455 kilograms of cannabis sativa which was obviously for sale and is ten times the amount of drug that Sheik Mohammed transported. The farming of the drug does not dilute the charge: in fact it makes it more nefarious by making a continuous supply of the drug available.

[8] In the circumstances, and given the huge amount of drugs being cultivated, I take as a starting point in each of your cases 12 years imprisonment. For the first accused to reflect his clear record I deduct 2 years making a total of 10 years imprisonment. The aggravating features of this case are reflected in the starting point and I add nothing more. The first accused will go to prison for 10 years and he will serve a minimum term of 7 years. The second accused is comparatively young and was merely assisting the first accused to tend the plants. From the starting point I deduct two years for his clear record and to reflect his young age, his role in the enterprise and time spent in custody I deduct a further 18 months meaning that the second accused will serve 8 years and 6 months. He will serve a minimum term of 5 years 6 months.

[9] The total terms are:

First accused 10 years (minimum 7 years)

Second accused 8 ½ years (minimum 5 ½ years).

[10] Each convict has 30 days to appeal.

Paul K. Madigan
Judge

At Lautoka
9 July 2010