IN THE HIGH COURT OF FIJI
AT LABASA
CRIMINAL JURISDICTION

Criminal Case No.HAC 08 of 2015

STATE

V

ETUATE DREDUADUA

Counsels:	Mr. L. Fotiofili for the State
		Accused in person

Date of Conviction	: 	26 May 2016
Date of Sentence		: 	26 May 2016

SENTENCE

[1]	The accused has been convicted after trial in this Court of the 	following offence:

Statement of Offence

	UNLAWFUL CULTIVATION OF ILLICIT DRUGS: 	Contrary to 	section 5 (a) of the Illicit Drugs Control	Act 2004.

Particulars of Offence

	ETUARTE DREDUADUA between the 1stday of 	December 2014 to the 6th day of January 2015 at 	Savusavu in the Northern Division, without lawful 	authority cultivated illicit drugs namely Cannabis 	Sativa with the total weight of 10 kilograms.

[2]	It was adduced in evidence that on the 6th January 2016 a party 	of Police, acting on information, raided the home of the accused 	in the village of Natovotovo, Cakaudrove. A search of his home 	revealed seeds and 4 plants believed to be marijuana. The 	accused was not there but his nephew in residence took the 	Police party to a plantation where they found and uprooted 41 	plants, also believed to be marijuana. 

[3]	These plants were all tested and found to be cannabis sativa of 	a total weight of 10kg. 

[4]	The accused is 49 years of age, married with 4 young sons all at 	home. He has worked in the village for the last 14 years as a 	farmer and diver for shellfish. 

[5]	His wife gave mitigatory evidence on his behalf in which she 	said that he had been a good father to the family and being the 	sole breadwinner had provided well for them. She stated that 	since he has been in remand the family has suffered hardship. 	He has not seen his youngest son since the child was 2 weeks 	old. 

[6]	Cultivating illicit drugs of course feeds the seemingly insatiable 	desire of Fiji’s youth for this recreational drug and the 	legislature and Courts have been resolute and uncompromising 	in the effort to stamp out the source of the drug.

[7]	Parliament has determined that the maximum penalty is life 	imprisonment or a fine of $1,000,000,while the Court of Appeal 	lay down stringent sentencing tariffs in Salua and Chandra 	AAU0093.2008 (31 May 2012).

[8]	The tariff band for this Offence is that referred to by the Court 	as Category 3 putting the range to be between 3 and 7 years 	imprisonment.

[9]	The accused has been in custody awaiting trial since the end of 	January 2015. He has no convictions recorded for the last ten 	years.

[10]	The fact that these plants were being grown in a very remote 	part of the province making it more difficult for the authorities 	to detect them means that a starting point of 5 years for the 	offence is appropriate. There are no other aggravating features 	apart from that. For his clear record and his difficult family 	circumstances I deduct one year and I deduct another 16 	months for the time he has already spent in remand.

[11]	The final sentence I pass on this accused is a term of 	imprisonment of 2 years and 8 months. He will serve a term of 2 	years before being eligible for parole.

						P.K. Madigan
						Judge
At Labasa
26 May 2016