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State v Iowane [2017] FJMC 81; Criminal Case 44 of 2017 (14 June 2017)

IN THE MAGISTRATES’ COURT OF FIJI

AT LEVUKA

Criminal Case : 44/2017

STATE
V
SEVERIO IOWANE

For the Prosecution: Sgt.Rao

The accused: In person

Date of Sentence : 14^th of June 2017

SENTENCE

1. SEVERIO IOWANE, you were charged with one count of Possession of Illicit Drugs contrary to section 5(a) of the Illicit Drugs Control Act No 09 of 2004.
2. You pleaded guilty this morning and admitted that on 27^th May 2017 you had in your possession 5.4 grams of Cannabis Sativa. The quantity and quality of the drugs have been proved by the analyst report submitted with the summary of facts.
3. I am satisfied that your plea was made voluntarily after understanding the legal consequences and convict you for this charge.
4. The maximum penalty for Possession of Drugs is life imprisonment/ $100,000.00 fine.
5. In Sulua v State [2012] FJCA 33; AAU0093.2008 (31 May 2012) his Lordship Justice Temo set down the tariff for this offence in the following manner.

Category 1: possession of 0 to 100 grams of cannabis sativa - a non-custodial sentence to be given, for example, fines, community service, counselling, discharge with a strong warning, etc. Only in the worst cases, should a suspended prison sentence or a short sharp prison sentence be considered.

(ii) Category 2: possession of 100 to 1,000 gram of cannabis sativa. Tariff should be a sentence between 1 to 3 years imprisonment, with those possessing below 500 grams, being sentenced to less than 2 years, and those possessing more than 500 grams, be sentenced to more than 2 years imprisonment.

(iii) Category 3: possessing 1,000 to 4,000 grams of cannabis sativa. Tariff should be a sentence between 3 to 7 years, with those possessing less than 2,500 grams, be sentenced to less than 4 years imprisonment, and those possessing more than 2,500 grams, be sentenced to more than 4 years.

(iv) Category 4: possessing 4,000 grams and above of cannabis sativa. Tariff should be a sentence between 7 to 14 years imprisonment.

6. Based on the facts in this case, I find that you fall in to the first category.
7. There are no aggravating factors and in your mitigation you submitted the following:
   1. 33 years old;
   2. Married with 5 children ;
   100. Remorseful;
   4. First offender;
   5. Early guilty plea.
8. Considering the facts in this case and above mitigating factors, I order you to pay a fine of $100.00 and in default 10 days’ imprisonment.
9. 28 days to appeal

Shageeth Somaratne

Resident Magistrate