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State v Raitini [2012] FJMC 62; Criminal Case 123.2012 (24 April 2012)

IN THE RESIDENT MAGISTRATE’S COURT OF FIJI ISLANDS AT SUVA

Criminal Case No; 123/2012

STATE

V

JIMI RAITINI

Prosecution : Cpl Temesi.
Accused : In Person.

SENTENCE

1. The Accused of this case had been charged in the Magistrate’s Court under Section 5(a) of Illicit Drugs Control Act No 09 of 2004, for the possession of an illicit drug namely, Cannabis Sativa.
   
2. According to the charge, the quantity was 31.8 grams.
   
3. In view of the Criminal Procedure Decree 2009 and the decision of His Lordship Justice Goundar in State v Ilatia Wakeham HAC 001/2010, the Magistrates’ Court had the jurisdiction to hear and determine case under the Illicit Drugs Control Act No 09 of 2004.
   
4. You Jimi Raitini are therefore, here today to be sentenced following the admission of ‘guilt’ on your own accord and free will in this Court on 13.03.2012, for committing the above.
   
5. According to the Summary of Facts tendered by the Prosecution, which was read over and explained to you in your chosen language, on the 20.01.2012 DC 4630 Eroni (PW1) and a team of police officers had approached and searched you on suspicion.
   
6. The police officers had found 09 sachets of dried leaves of Cannabis from your possession. You had been escorted to Nabua Police Station and interviewed under caution.The dried leaves found in your possession had been identified as Cannabis Sativa by the Government Analyst.
   
7. The aforesaid Summary of Facts was admitted by you on your own free will.
   
8. According to Section 5 (a) of the Illicit Drugs Control Act 2004 "any person who without lawful authority acquires, supplies, possesses, produces, manufactures, cultivates, uses, or administers an illicit drug commits an offence and is liable on conviction to a fine not exceeding $1,000,000 or imprisonment for life or both."
   Section 2 of the Illicit Drugs Control Act 2004 interprets "illicit drugs" as any drug listed in Schedule I.
   
9. I base my sentence on the case law The State v Abdul Aiyaz [2009] FJHC 188; HAC033.2008S (2 September 2009) where His Lordship, Justice Goundar expressed how the evidence in a similar case be analysed and in view of the guilty plea, conclude that the elements stated in that case have been proved beyond reasonable doubt.
   
10. In State v Seru (2008) FJHC 151; HAC089.2008 (25 July 2008) His Lordship, Justice Goundar stated that the Tariff is 3 to 9 months imprisonment for small amount of drugs for personal use.
    
11. Having considered the above judicial precedent I select 07 months imprisonment as the starting point for your sentence.
    
12. The aggravating factors are the manner you had been seen around 10.30 am with an illicit drug in possession. The quantity you possessed is 31.8 grams. In my view it cannot be considered as a 'User's quantity'. I increase your sentence by 6 months for the said aggravating facts. Your sentence stands at 13 months now.
    
13. In Mitigation you informed Court that you are 27 years of age; married with 2 children; pleaded guilty at the first available opportunity; sole breadwinner; co-operated with police; and promised not to re-offend. For your early plea and other mitigating factors I reduce 4 months from your sentence.
    
14. Your final sentence now stands at 09 months imprisonment.
    
15. I am mindful of the fact that a sentence below two (02) years could be suspended in terms of Section 26(2)(b) of the Sentencing and Penalties Decree 2009.
    
16. You admitted four previous convictions in your list of PCs. Although you were not convicted for a similar offence I observe that you committed this offence during an operational period of a suspended sentence (CF 1392/10) imposed by the Court in 2011. It appears that you have not realised the purpose of granting a suspended sentence by the Court.
    
17. Having considered the forgoing facts I do not see any compelling reason to suspend your sentence.
    
18. Hence I sentence you nine months imprisonment for the offence you committed under Section 5(a) of Illicit Drugs Control Act No 09 of 2004
    
19. Twenty eight (28) days to appeal for either party.
    

Pronounced in open Court,

YOHAN LIYANAGE
Resident Magistrate

24th April 2012