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State v Vuloaloa - Sentence [2016] FJHC 98; HAC003.2015LAB (27 January 2016)

IN THE HIGH COURT OF FIJI
AT LABASA
CRIMINAL JURISDICTION


CRIMINAL CASE NO: HAC 003 OF 2015LAB


STATE


V


MARA VULOALOA


Counsels : Mr. L. Fotofili for State
Accused in Person


Hearings : 25 and 26 January, 2016
Summing Up : 27 January, 2016
Judgment : 27 January, 2016
Sentence : 17 February, 2016


SENTENCE


1. In a judgment delivered on 27 January 2016, the court found and convicted the accused on the following information:


Statement of Offence

UNLAWFUL CULTIVATION OF ILLICIT DRUGS: Contrary to section 5 (a) of the Illicit Drugs Control Act 2004.


Particulars of Offence

MARA VULOALOA on the 7th day of January 2015 at Savusavu, in the Northern Division without lawful authority cultivated 94 plants of Illicit Drugs known as Cannabis Sativa weighing at 41.0 kg.


2. The brief facts were as follows. On 7 January 2015, at Savusavu in the Northern Division, some civilians and police officers raided the accused's farm. They uprooted 94 plants of cannabis sativa from his farm. He had been cultivating the same since September 2014. The plants were taken for analysis, and were found to be cannabis sativa plants, weighing a total of 41 kg. When caution interviewed by police on 7 January 2015, he admitted cultivating the 94 plants of cannabis sativa. He was arrested and produced in court on 9 January 2015.


3. The cultivation of illicit drugs in Fiji is viewed seriously by the Parliament of the Republic of Fiji, and it carried a maximum penalty of a fine not exceeding $1,000,000 or life imprisonment or both (section 5 (a) of the Illicit Drugs Control Act 2004).


4. In Kini Sulua, Michael Ashley Chandra v The State, Criminal Appeal No. AAU 0093 and AAU 0074 of 2008, after considering 50 cases of illicit drug offendings in Fiji, the Fiji Court of Appeal (majority) laid down the following sentencing guidelines:


(i) Category 1: possession of 0 to 100 grams of cannabis sativa – a non-custodial sentence to be given, for example, fines, community service, counselling, discharge with a strong warning, etc. Only in the worst cases, should a suspended prison sentence or a short sharp prison sentence be considered.


(ii) Category 2: possession of 100 to 1,000 gram of cannabis sativa. Tariff should be a sentence between 1 to 3 years imprisonment, with those possessing below 500 grams, being sentenced to less than 2 years, and those possessing more than 500 grams, be sentenced to more than 2 years imprisonment.


(iii) Category 3: possessing 1,000 to 4,000 grams of cannabis sativa. Tariff should be a sentence between 3 to 7 years, with those possessing less than 2,500 grams, be sentenced to less than 4 years imprisonment, and those possessing more than 2,500 grams, be sentenced to more than 4 years.


(iv) Category 4: possessing 4,000 grams and above of cannabis sativa. Tariff should be a sentence 7 to 14 years imprisonment.


  1. The facts of this case, brings the case within category 4. The accused was found guilty and convicted of cultivating 41 kg of cannabis sativa plants, an illicit drug, on 7 January 2015, at Savusavu in the Northern Division. The evils of illicit drugs had been well debated in Parliament during the passage of the "Illicit Drugs Control Bill 2004" in May 2004 [see paragraph 111 of Kini Sulua, Michael Ashley Chandra v The State (supra)].
  2. In this case, the aggravating factor was as follows:

(i) The amount of illicit drugs cultivated was huge, that is, 41kg. This was 8 times the illicit drugs found on Kini Sulua in the Court of Appeal case mentioned in paragraph 4 and 5 hereof.


  1. The mitigating factors were as follows:

(i) At the age of 22 years, this was your first offence;

(ii) You had been remanded in custody since 9 January 2015, that is, 1 year 1 month and 8 days ago;

(iii) You are the sole bread-winner and looked after your family and elderly parents.


8. I start with a sentence of 12 years imprisonment. For the aggravating factor, I add 4 years, making a total of 16 years imprisonment. For time already served while remanded in custody, I deduct 1 year 2 months, leaving a balance of 14 years 10 months. For being a first offender, I deduct another 1 year, leaving a balance of 13 years 10 months. For the other mitigating factors, I deduct 10 months, leaving a balance of 13 years imprisonment.


9. Mr. Mara Vuloaloa, for cultivating cannabis sativa plants, an illicit drug, on 7 January 2015, at Savusavu in the Northern Division, I sentence you to 13 years imprisonment, with a non-parole period of 12 years imprisonment, effective forthwith.


10. This sentence is a warning to all those cultivating cannabis sativa plants in the Northern Division. Plant legitimate crops, otherwise you will loose your liberty.


Salesi Temo

JUDGE


Solicitor for the State : Office of the Director of Public Prosecution, Labasa.

Solicitor for the Accused : In Person.


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