State v Mohammed [2011] FJHC 472; HAC049.2008 (17 August 2011)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 049 OF 2008

STATE

vs

1. SHEIK MOHAMMED
2. MICHAEL ASHLEIGH CHANDRA
   

Mr. F. Lacanivalu for the State
Mr. I. Khan for both Accused

Date of Hearing : 15 and 16 August 2011
Date of Sentence : 17 August 2011

SENTENCE
[Illicit Drug Possession]

[1] The two accused were charged with possession of illicit drugs. The charge read as follows:

Statement of Offence

UNLAWFUL POSSESSION OF ILLICIT DRUG: Contrary to section 5(a) of Illicit Drugs Control Act No. 9 of 2004.

Particulars of Offence

SHEIK MOHAMMED s/o SHEIK HUSSEIN and MICHAEL ASHLEIGH CHANDRA, on the 14th day of November, 2007, at Lawaqa, Sigatoka in the Western Division, without lawful authority possessed 3764.6 grams of cannabis, an Illicit Drug.

[2] The Court found both accused guilty of this offence and they were convicted.

[3] The evidence adduced at trial showed that on the 14th November 2007, the two of them were in a vehicle which was stopped by Police in Sigatoka town. The vehicle was seized and searched and concealed in the back bumper and behind the loose back number plate were found 15 newspaper wrapped packets of dried leaves. These leaves were analysed and found to be in total 3764.6 grammes of cannabis sativa, or marijuana.

[4] Their counsel told me that they refused to mitigate, which shows a real lack of remorse on their part; however it is learned that both are married with children, both are aged 41 and both are serving sentences for possession of illicit drugs.

[5] The amount of drugs seized from the vehicle is very large indeed and it was obviously intended for commercial sale. As such the seizure represents a distinct threat to the young people of this country, a class of people more likely to use illicit drugs for recreation. It is a well established fact that large seizures of drugs also are a factor in organized crime activities and for both these aggravating reasons the sentences will be enhanced. It is another aggravating feature that the transportation of the drugs appeared to be well planned and sophisticated – the drugs packed in parcels custom made to fit the inside of the bumper plate.

[6] The first accused has three live previous convictions, including one for possession of a large amount of illicit drugs in Labasa in 2009. He is presently serving a sentence of ten years for that offence. The second accused has four live previous convictions and is currently serving a sentence of six years.

[7] The maximum penalty for this offence is life imprisonment or a fine of $1,000,000. Obviously it is a very serious offence and the Courts must reflect that in rigorous sentences. In Sheik Mohammed – HAC 33/2009, in Labasa, this first accused was found to be in possession of 4833.7 grammes of marijuana and I sentenced him to 10 years imprisonment and in Sulua – HAC 23/2008, Goundar J. handed down a sentence of eight years for possession of 5,203 grammes. However in the Sulua case, there was no evidence of sophisticated planning as there is in this case.

[8] I take as a starting point for both accused a term of seven years imprisonment. For the aggravating features referred to in paragraph 5 hereof, I add an additional two years bringing the sentence up to a total of nine years. They have advanced no remorse or anything else by way of mitigation and their previous records afford them no credit either.

[9] The total sentence each will serve for this offence is one of nine years and each will serve a minimum term of seven years before being eligible for parole.

[10] The sentence will be served concurrently with the present sentence that each is now serving.

[11] I order that the drug exhibit be returned to State; that it be photographed for appeal purposes, and then destroyed within 21 days. State Counsel is to provide a certificate of disposal to the Court.

Paul K. Madigan
JUDGE
At Lautoka
17 August 2011