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State v Pe [2005] FJHC 8; HAC0024X.2004S (19 January 2005)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Criminal Case No: HAC0024 OF 2004S

STATE

v.

SAVENACA PE

Mr. W. Kuruisaqila for State
Accused in Person

Hearing: 10th - 19th January 2005

SENTENCE

The maximum sentence for being in possession of a gun without a licence is 5 years imprisonment, under section 4(2)(a)(ii) of the Arms and Ammunitions Act. The facts of this case show that you, a Reserve took this K2 rifle home with bullets and magazine after the 2000 crisis and kept it as a souvenir.

This is a most serious matter. People who keep K2 rifles in their homes after a period of political turbulence as experienced in Fiji, must expect custodial sentences because of the fear and in security such conduct may create in the community.

Although I am not referred to any tariff for this offence I take as my starting point 2 years imprisonment. There are no real aggravating circumstances as the assessors have accepted that the gun was not used. Nevertheless the keeping of the gun and of live rounds and the magazine is a most serious matter.

For your mitigating circumstances, especially the fact that you are the bread winner in your family and your period in remand, I reduce the sentence to 15 months imprisonment. There is no question of suspension, which is ruled out by section 29(3)(a) of the Penal Code.

You are therefore sentenced to 15 months imprisonment.

Nazhat Shameem
JUDGE

At Suva
19th January 2005