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State v Naicegulevu [2008] FJHC 197; HAC103.2008 (2 September 2008)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: HAC 103 OF 2008

BETWEEN:

THE STATE

AND:

WAISALE ETUATE NAICEGULEVU

Counsel: Ms N. Tikoisuva for the State
Accused in Person

Date of Hearing: Monday 1st September, 2008
Date of Sentence: Tuesday 2nd September, 2008

SENTENCE

[1] Waisale Etuate Naicegulevu, I am satisfied that you have voluntarily and freely 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 9 of 2004

Particulars of Offence

WAISALE ETUATE NAICEGULEVU, on the 2nd day of May, 2008 at Nasinu in the Central Division, without lawful authority, possessed 6.6 grams of Cannabis, an Illicit Drug

[2] You are convicted as charged.

[3] On 2nd May 2008, the police raided a residence in Narere where you were living and found the drugs hidden in your underwear. Altogether 25 rolls and 23 sachets of drugs were found in your possession.

[4] In your caution interview you stated that you were selling drugs. One roll of marijuana costs $2.00 while a sachet of marijuana costs $10.00.

[5] In mitigation you said you are 22 years old, single and unemployed. You came to Suva from Savusavu and you got into selling marijuana to pay for your return fare. You said you are ashamed of your conduct and consent to community work.

[6] Drug peddling is a very serious offence and generally a deterrent sentence is warranted.

[7] However, I take into account that you are a young first time offender who committed this offence to make quick and easy money. An immediate custodial sentence will take away any prospect of reform.

[8] In the circumstances, I consider a sentence of community work is appropriate.

[9] You are sentenced to perform sixty (60) hours of community work under the supervision of the Station Officer, Savusavu Police Station, or an officer delegated by him. You must report to the Station Officer within 72 hours of this sentence. The 60 hours must be performed within 3 months. Upon completion of your community work, the Station Officer must file a report in Court.

[10] A breach of the Community Work Order will make you liable to prosecution and/or the cancellation of this sentence. A copy of this sentence is to be given to the Station Officer, Savusavu Police Station.

[11] The drugs must be destroyed and the State is to file a report in Court within 7 days.

Daniel Goundar
JUDGE

At Suva
Tuesday 2nd September, 2008

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