State v Kumar [2010] FJMC 125; Criminal Case 366 of 2009 (15 October 2010)

IN THE MAGISTRATES COURT AT LAUTOKA

Criminal case No 366/09

BETWEEN

THE STATE

AND

DOMINIC LATCHMAN KUMAR

SENTENCE

1. You, Dominc Latchman Kumar are to be sentenced upon being found guilty to the charge of being in possession of illicit drugs contrary to Section 5(a) of the Illicit Drugs Control Act.
   
2. The maximum punishment for this offence is fine not exceeding $1,000,000 or imprisonment for life or both.
   
3. In Meli Bavesi V. State Justice Winter stated that;
   

"The growing of a small number of cannabis plants for personal use by an offender or possession of small amount of cannabis coupled with "technical" supply of the drug to others on a non-commercial basis. First offender a short prison term, perhaps served in the community. Sentencing point 1 to 2 years."

4. According to the evidence produced in this case it appeared that the drugs were found in 21 sachets. But there was no evidence to say that you were trying to sell the drugs. Further the prosecution informed court that you have 7 previous convictions and out of those 4 are for "found in possession of dangerous drugs". However your last conviction for drugs is in 2001 and other 3 are in 1991. Therefore I decide to disregard the 3 previous convictions for drugs in 1991.
   
5. Accordingly I pick my starting point as 15 months.
   
6. Apart from the potential harm to you and to the society by illicit drugs I do not see any aggravating factors in this case.
   
7. In mitigation you said that you have a 5 months old son and a 1 year and 8 months old daughter. You said you support them. Apart from those personal circumstances you did not show any other compelling mitigatory factors.
   
8. However I observed that you have a clean record since 2001 to 2008, until you were charged in this case. I decide to reduce the sentence by 5 months for the above mitigatory factors.
   
9. It should be noted that it does not seem that you learnt lessons from your previous experiences. The use of illicit drugs is a menace to the society and the court has to impose sentences which deter you and the others in the society as well. I do not think the circumstances of this case warrant this court to impose a non custodial sentence for you. Thus I impose a 12 months imprisonment on you.
   
10. The court is mindful of the importance of promotion and motivation of young offenders like you to rehabilitate yourselves. The court has a duty to leave room for offenders to reap fruits of genuine and effective rehabilitation and correction. Thus I order that you are eligible for parole after 6 months.
    

28 days to appeal.

Rangajeeva Wimalasena
Resident Magistrate
Lautoka.

15.10.2010