State v Vunibobo [2011] FJHC 71; HAC024.2008 (17 February 2011)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 024 OF 2008 (Part II)

STATE

V

RATU NAISA VUNIBOBO

Mr. T. Qalinauci for the State
Accused in Person

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

SENTENCE

[1] On the 15th February 2011, the first day of trial, the accused entered a plea of guilty to the one charge of unlawful possession of illicit drugs contrary to section 5(a) of the Illicit Drug Control Act 2004. On the 16th February 2011 he admitted a summary of facts and was convicted of the offence.

[2] His co-accused, his wife, had earlier pleaded guilty in May 2010 and been sentenced [HAC 024 of 2008 (Part I)].

[3] The facts of the case are that a police officer saw the accused acting suspiciously at about 8.15am on the 27th March 2007 at Draiba Village. Later he stopped a carrier travelling towards Sigatoka town and searched it. Sitting at the back was this accused and his wife. There was a large black "Puma" bag at their feet. The officer searched the bag and found small parcels of dried leaves wrapped in cloth. The leaves were sent to the Government Chemist for analysis, and they were certified to be cannabis sativa weighing 3,370 grams. The accused made admissions to being in possession when interviewed under caution on the 28th March 2007.

[4] The accused tells me that he is 32 years old and worked as a farmer. He claimed to be in great financial hardship living in a remote area and that he was trafficking the drugs to make a living. He claims remorse, although it was not genuinely expressed. He says he has learnt his lesson while being in prison for 3 months.

[5] The maximum penalty for this offence is imprisonment for life or a fine of $1,000,000 or both; and as such it is an extremely serious offence.

[6] I take the same starting point as I did for the accused's wife and that is 7 years imprisonment. However this accused's circumstances are different in that she entered a plea at an early stage and this accused pleaded guilty on the first day of trial when the prosecution was ready to proceed with witnesses present. Nevertheless, some credit must be given for a plea of guilty even at this very late stage.

[7] This is obviously a very large amount of drugs and the accused admitted to be taking them to Sigatoka market for sale. That is an aggravating feature in that the drugs were for commercial sale and would pose a latent risk to the young people of Viti Levu. For that aggravation I add a further year to the starting point making an interim total of 8 years.

[8] For the plea of guilty I deduct 9 months and for time in remand I deduct 3 months meaning that the final sentence be one of 7 years and that is the term the accused will serve. He will not be eligible for parole until he has served five years of that sentence.

Paul K. Madigan
JUDGE

At Lautoka
17 February 2011