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State v Dralomani [2016] FJMC 54; Criminal Case 18.2016 (24 February 2016)

IN THE MAGISTRATE’S COURT AT SAVUSAVU
CRIMINAL JURISDICTION

Criminal Case No. 18 of 2016

STATE

v

EMORI DRALOMANI

Prosecution : Sgt Rinesh
Accused : In Person

Ruling : 24 February 2016

SENTENCE

1. The Accused, Emori Dralomani, you are before this court today to be sentence after you pleaded guilty to one count of Unlawful Cultivation of Illicit Drugs, contrary to section 5(a) of the Illicit Drugs Control Act 2004.
   
2. You waived your rights to counsel and you pleaded guilty to the charge on 15 January 2016. I find your plea to be unequivocal.
   
3. The summary of facts in my own words are as follows:-
   

“On Tuesday 12 January 2016, at about 1724 hours, the Savusavu police team conducted a raid at the Accused farm on the hill of Drekaniwai Village, Natewa, Cakaudrove, after receiving information that the Accused has been cultivating green plants of marijuana. The Accused was located in the village, questioned by the police and voluntarily admitted that he cultivated 9 plants of marijuana in an isolated area in the hill of the village. The Accused led the police team to the particular place and discovered the 9 green marijuana plants. The marijuana plants were uprooted by the police team and taken to Savusavu Police Station as exhibit and so as the Accused. The Accused was interviewed and voluntarily admitted planted the 9 grown marijuana plants”.

4. The summary of facts was read to you and you admitted to the same. Accordingly, you were convicted as charged.
   
5. The maximum penalty for this offence is a fine of $1,000,000.00, life imprisonment, or both fine and imprisonment. The tariff for this offence was set in the case of Sulua v State [2012] FJCA 33; AAU 0093.2008 (31 May 2012) where the Fiji Court of Appeal categorise this offence into four categories with the appropriate sentence for each category.
   
6. The total weight of drugs involved in this case is 1.29 kilogram. This case falls within category 3. Category 3 is between 1,000 grams to 4,000 grams. The tariff for category 3 is between 3 to 7 years imprisonment.
   
7. You are charge with a very serious offence. This is also a very prevalent offence not only in the Northern Division but throughout Fiji as a whole. I have take note of this information and factors at this stage and accordingly, for your sentence, I pick 5 years as my starting point.
   
8. The aggravating factor in your case is that you are one of the cultivators. It is people like you that are the causes of the continuity presents and availability of marijuana in Fiji. If there is no cultivation or planting of marijuana in Fiji, for sure the usage of marijuana will reduce if not die a natural death. With these factors, I increase your sentence by 2 years and that increases your sentence to 7 years.
   
9. I have noted your oral mitigation submission and I will reduce your sentence by 1 year for your mitigation and that reduce your sentence to 6 years.
   
10. You pleaded guilty to the offence on your first appearance, which is an early guilty plea and you are entitle to a one third reduction for that. I will reduce your sentence by 2 years and that reduces your sentence to 4 years.
    
11. I have noted that you have been remanded from 15 January 2016 until today. I will reduce your sentence further by 2 months to reflect your remand period.
    
12. Your final sentence now stands at 3 years 10 months. This is a category 3 case where suspension of sentence is not an option.
    
13. Emori Dralomani, I will now sentence you to 3 years 10 months imprisonment with a non parole period of 3 years.
    

28 days to appeal.

.......................................

C. M. Tuberi

RESIDENT MAGISTRATE