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State v Koroivuki [2010] FJHC 62; HAC013.2008 (26 February 2010)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

HIGH COURT CRIMINALCASE NO: HAC 013 OF 2008
CRIMINAL CASE NO.: 67 of 2008

BETWEEN:

STATE
PROSECUTION

AND:

LAISIASA KOROIVUKI
ACCSUED PERSON

Counsel: State - Ms. A. Tuiketei
Accused Person - In person

Date of Hearing: 08/02/10; 10/02/10; 11/02/10; 12/02/10; 15/02/10;
17/02/10; 19/02/10; 22/02/2010.

Date of Sentence: 26th February, 2010.

SENTENCE

You Laisiasa Koroivuki have been found guilty for being in possession without lawful authority 1808.5 grams of cannabis an illicit drug.

The legislature has decided that the maximum punishment for this offence to be a fine not exceeding $1000000 or imprisonment for life or both. This shows how seriously the parliament expects the court to approach the offence. Undoubtedly this large quantity is not for consumption by you but for the purpose of sale.

You in your caution interview statement admitted that you sell these drugs. Illicit drugs has become a serious problem in Fiji and considerable number of people have become addicts. I am inclined to follow the sentencing guidelines for drug offences given in Meli Bavesi v The State Criminal Appeal HAA 027 of 2004. Drugs offenders were described into 3 categories.

Category 1 - The growing of a small number of cannabis plants for personal use by an offender or possession of small amount of cannabis coupled with "technical" supply of the drug to others on a non-commercial basis. First offender a short prison term, perhaps served in the community. Sentencing point 1 to 2 years.

Category 2 - Small scale cultivation of cannabis plants or possession for a commercial purpose with the object of deriving profit, circumstantial evidence of sale even on small scale commercial basis. The starting point for sentencing should generally be between 2 to 4 years. However, where sales are limited and infrequent and lowest starting point might be justified.

Category 3 - Reserved for the most serious classes of offending involving large scale commercial growing or possession of large amounts of drug usually with a considerable degree of sophistication, large numbers of sales, circumstantial or direct evidence of commercial involvement the starting point would generally be 5 to 6 years.

Therefore based on the above factors I take 5 years imprisonment as your starting point.

The aggravating factors are the amount of drugs and the fact that the commercial use to which you intended to put the drugs. Also I consider the ways and places you have hidden the drugs in the house so that you prevent others especially Law and Enforcement Authorities from detecting the same. On these factors I increase your sentence by 2 years.

Your mitigating factors are that you are 29 years old, married with 2 children and that you are the sole breadwinner of the family. On the mitigating factors I reduce the sentence by 12 months.

As you have a previous conviction although it is not for a illicit drug offence you are not entitle to a discount on good behavior.

Further I reduce one month from the sentence considering the period of remand.

You are therefore ordered to serve 5 years and 11 month imprisonment forthwith.
30 days to appeal.

I further order that the drugs be disposed of under the supervision of the Officer In-charge of the High Court Registry within 7 days.

Priyantha Fernando
Puisne Judge

26/02/2010