State v Turaga [2017] FJMC 75; Criminal Case 56 of 2017 (13 June 2017)

IN THE MAGISTRATES’ COURT OF FIJI

AT TAILEVU

Criminal Case : 56/2017

STATE
V
ERONI KORO TURAGA

For the Prosecution: Sgt.Vilisoni

The accused: In person

Date of Sentence : 13^th of June 2017

SENTENCE

1. ERONI KORO TURAGA, you were charged with one count of Unlawful Cultivation of Illicit Drugs contrary to section 5(a) of the Illicit Drugs Control Act No 09 of 2004.
2. You pleaded guilty and admitted that on 09^th June 2017 at Naqia village , Wainibuka you cultivated 08 plants of Cannabis Sativa with the total weight of 0.7 grams.
3. I am satisfied that your plea was made voluntarily after understanding the legal consequences and convict you for this charge.
4. The maximum penalty for Cultivation of Drugs is a fine not exceeding $1,000,000 or imprisonment for life or both.
5. In State v Dukubure [2017] FJHC 310; HAC076.2017 (28 April 2017) his Lordship Justice Perera said:

“ In the case of Tuidama v State [2016] FJHC 1027; HAA29.2016 (14 November 2016) this court decided to apply the following tariff for the offence of unlawful cultivation of illicit drugs;

1. The growing of a small number of plants for personal use by an offender on a non-commercial basis - 1 to 2 years imprisonment;
2. Small scale cultivation for a commercial purpose with the objective of deriving a profit - 3 to 7 years imprisonment;

100. Large scale commercial cultivation - 7 to 14 years imprisonment.
     

Cultivating up to 10 plants can be considered as non-commercial cultivation if there is no other evidence to the contrary. Cultivating more than 10 plants up to 100 plants can be considered as a small scale commercial cultivation and cultivating more than 100 plants can be considered as a large scale commercial cultivation.”

6. Based on the facts in this case, I find that you fall in to the first category with a sentencing range of 1-2 years imprisonment.
7. Considering the nature of offending and your culpability, I select 16 months as the starting point.
8. There are no aggravating factors and in your mitigation you submitted the following:
   1. 40 years old;
   2. Married with 3 children ;
   100. Working as a farmer ;
   4. Sole bread winner.
9. For the above mitigating factors I deduct 02 months to reach 14 months imprisonment.
10. You are not a first offender and hence not entitle for discounts for your character.
11. For pleading guilty at the earliest opportunity, I deduct 1/3 to reach 10 months imprisonment.
12. Even though this is below the accepted tariff, I have come to this based on the early guilty plea and other mitigating factors of the accused.
13. Even though you are not a first offender or young offender, considering your early guilty plea and personal mitigating factors I find this is a proper case to suspend your sentence.
14. ERONI KORO TURAGA, you are sentenced to 10 months imprisonment for this charge and this will be suspended for 03 years
15. If you commit any offences during next 03 years you can be charged under section 28 of the Sentencing and Penalties Act.
16. 28 days to appeal.

Shageeth Somaratne

Resident Magistrate