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State v Goneyali [2008] FJHC 228; HAC151.2008 (16 September 2008)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: HAC 151 OF 2008

BETWEEN:

THE STATE

AND:

ELONI GONEYALI

Counsel: Mr. A. Rayawa for the State
Accused in Person

Date of Hearing: Friday 12th September, 2008
Date of Sentence: Tuesday 16th September, 2008

SENTENCE

[1] Eloni Goneyali, you are convicted on your plea of guilty for the following offence:

Statement of Offence

UNLAWFUL POSSESSION OF ILLICIT DRUG: Contrary to Section 5(a) of Illicit Drugs Control Act No.9 of 2004

Particulars of Offence

ELONI GONEYALI, on the 25th day of May, 2007 at Suva in the Central Division without lawful authority, possessed 0.3 grams of Cannabis, an Illicit Drug

[2] On 25 May 2007 at about 10.15am you were at the Suva City Council carpark in the Suva City when two police officers noticed you behaving in a suspicious manner. When the police officers approached you, you took something out of your underwear and tried to swallow it. The police officers succeeded in preventing you from swallowing the item.

[3] The item was dried leaves. The leaves were tested and found to be marijuana weighing 0.3 grams.

[4] In mitigation you said you are 38 years old, and married with 3 children. Your eldest child is in class 5 and your youngest is 5 years old. You are a casual labourer for Fletcher Construction. You are sole breadwinner for your family.

[5] You have 18 previous convictions since 1982. I disregard convictions which are more than 10 years old. You have 4 previous convictions for drug offences for which you were either given a fine or a suspended sentence. Earlier this year you were convicted for common assault. Because of your criminal record, you are not entitled for any credit for good character.

[6] The mitigating factors are the early guilty plea, co-operation with police and the Accused’s personal circumstances, him being the sole breadwinner in his family.

[7] The amount of marijuana is relatively small and was for personal use. Although you have convincing mitigating factors present in your case, I cannot ignore the fact that you have persisted in committing this kind of offence. You have been in the past given an opportunity to reform yourself but you have not made good of that opportunity. By your conduct you have shown a disregard for the law.

[8] In the circumstances, I sentence you to 3 months imprisonment.

[9] There are no special circumstances to suspend the sentence. This sentence should operate as a deterrent for you not to commit any further offence in future.

[10] You are sentenced to 3 months imprisonment.

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

Daniel Goundar
JUDGE

At Suva
Tuesday 16th September, 2008

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