State v Tokovaka [2013] FJMC 407; Criminal Case 2037.2006 (19 November 2013)

IN THE RESIDENT MAGISTRATE'S COURT
AT SUVA
IN THE REPUBLIC OF FIJI ISLANDS

Criminal Case No: 2037/06

State

v

Leone Rokovaka

Prosecution: Cpl Vili (Police Prosecution)
Accused: Present – Mr A Rayawa

SENTENCE

1. Leone Rokovaka, you are now being sentenced for the following charge:

Statement of offence (a)

FOUND IN POSSESSION OF ILLICIT DRUGS: Contrary to Section 5(a) of the Drugs Control Act No.9 of 2004.

Particulars of offence (b)

LEONE ROKOVAKA, on the 12th day of February, 2006 at Suva in the Central Division was found in possession of 24.2 grams of illicit Drugs namely, Indian Hemp.

2. You have chosen that this Court deal with the charge. You have waived right to legal counsel. You have pleaded guilty on your own free will when the charge was put to you.

3. Section 5 of the Illicit Drugs Control Act 2004 reads as follows:

"...Any person who without lawful authority –

(a) acquires, supplies, possesses, produces, manufactures, cultivates, uses or administers an illicit drug; or

(b) engages in any dealings with any other person for the transfer, transport, supply, use, manufacture, offer, sale, import, or export of an illicit drug;

commits an offence and is liable on conviction to a fine not exceeding $1,000,000 or imprisonment for life or both".

4. Justice Temo in the Fiji Court of Appeal in Sulua v State [2012] FJCA 33; AAU0093.2008 (31 May 2012) set out four categories as follows:

"(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 between 7 to 14 years imprisonment."

5. Having noted the maximum sentence and the sentencing precedence set out by the Fiji Court of Appeal, this Court notes that this is a Category 1 offence, involving 24.2 grams of Cannabis Sativa.

This Court takes a starting point of 3 months Imprisonment.

6. In your mitigation it has been submitted as follows:

- you are 29 years old.

- single

- will not re-offend seeking another chance.

For your guilty plea, time in custody (you have been remanded in custody for 19 days) and mitigation this Court gives you 2 months discount. You are not a 1st Offender, so no discount is given for character.

7. Leone Rokovaka your balance term of imprisonment of 1 month is suspended for 12 months. (Meaning of suspended term explained).

8. Any party that is not satisfied with the sentence of this Court has the right to Appeal to the High Court within 28 days from the date of this Sentence.

Chaitanya Lakshman
Resident Magistrate

19th November 2013