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State v Seru [2008] FJHC 151; HAC089.2008 (25 July 2008)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: HAC 089 OF 2008

BETWEEN:

THE STATE

AND:

MAIKELI SERU

Counsel: Mr. L. Fotofili for the State
Accused in Person

Date of Hearing: Thursday 24th July, 2008
Date of Sentence: Friday 25th July, 2008

SENTENCE

[1] Maikeli Seru, you pleaded guilty to the following offence:

Statement of Offence

UNLAWFUL POSSESSION OF ILLICIT DRUG: Contrary to Section 5(a) of the Illicit Drugs Control Act 2004.

Particulars of Offence

MAIKELI SERU on the 23rd day of March 2008 at Nausori in the Central Division, without lawful authority possessed 8.2 grams of Cannabis, an Illicit Drug.

[2] I am satisfied your plea is freely and voluntarily made. I convict you for the offence of being in possession of illicit drug as charged.

[3] On 23 March 2008 you were drinking liquor in a public place when you were arrested by a police officer. You were taken to the Nausori Police Station where you were searched. Sixteen sachets of dried leaves wrapped in aluminum foil were found under the sleeves of your t-shirt.

[4] You were interviewed under caution. You told the police that the leaves were marijuana and were for personal use. The leaves were tested and found to be 8.2 grams of cannabis or marijuana as it is commonly known.

[5] In mitigation you said you are 25 years old, married with a young child and farmer by profession. Your parents separated when you were very young and your grandparents raised you.

[6] You have seven previous convictions since 1998. One is for drugs in 2006. Currently, you are an extra mural prisoner. On 20 June 2008 you were sentenced to 4 months imprisonment for larceny.

[7] I take into account your early guilty plea. I take into account that your wife and child are depended on you.

[8] However, you are not showing any sign of reform. You have been given too many opportunities to reform yourself but you have not made use of them. This is not the first time you have been found in possession of illicit drugs. Clearly a deterrent sentence is called for.

[9] This offence is serious. The maximum penalty is life imprisonment. The tariff is 3 to 9 months imprisonment for small amount of drugs for personal use.

[10] You are sentenced to 3 months imprisonment. There are no special circumstances to suspend your sentence.

Daniel Goundar
JUDGE

At Suva
Friday 25th July, 2008

Solicitors:
Office of the Director of Public Prosecutions, Suva for the State
Accused in Person