State v Kreimanis [2013] FJHC 535; HAC225.2011 (2 October 2013)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: HAC 225 OF 2011

STATE

-v-

AINARS KREIMANIS

Counsels : Mr. T. Qalinauci for the State
Accused in person

Date of Trial : 24 September -30 September 2013
Date of Judgment : 02 October 2013

JUDGMENT

1. The accused was charged under following count:
   

COUNT 1

Statement of Offence

UNLAWFUL POSSESSION OF ILLICIT DRUGS: contrary to Section 5 (a) of the ILLICIT DRUGS CONTROL ACT of 2004.

Particulars of Offence

AINARS KREMANIS on the 11th day of November 2011 at NADI in the WESTERN DIVISION, without lawful authority, was found in possession of illicit drugs, namely METHAMPHETAMINES weighing 5,627.9 grams or 5.6279 kilograms.

2. All three assessors unanimously found accused guilty of the above charge.
   
3. I direct myself in accordance with the law and the evidence which I discussed in my summing up to the assessors.
   
4. Considering the nature of the evidence before the court, I am convinced that the prosecution had proved the case beyond reasonable doubt.
   
5. I find the verdict of the assessors were not perverse. It was open to them to reach such a conclusion on the evidence. I concur with their verdict. Considering all, I find the accused guilty as charged in respect of unlawful possession of illicit drug namely Methamphetamines.
   
6. Accordingly, I convict Ainars Kremanis for unlawful possession of illicit drugs namely Methamphetamines contrary to Section 5 (a) of the Illicit Drugs Control Act of 2004.
   

Sudharshana De Silva
JUDGE

02nd October 2013
At Lautoka

Solicitors for the State: Office of the Director of Public Prosecution
Solicitors for the Accused: In Person