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State v Ravugati [2008] FJHC 211; HAC112.2008 (9 September 2008)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: HAC 112 OF 2008

BETWEEN:

THE STATE

AND:

TOMASI RAIBE RAVUGATI

Counsel: Mr. J. Daurewa for the State
Accused in Person

Date of Hearing: Monday 1st September, 2008
Date of Sentence: Tuesday 9th September, 2008

SENTENCE

[1] Tomasi Raibe Ravugati, you are convicted on your plea of guilty for the following offence:

Statement of Offence

UNLAWFUL POSSESSION OF ILLICIT DRUG: Contrary to Section 5(a) of the Illicit Drugs Control Act, 2004

Particulars of Offence

TOMASI RAIBE RAVUGATI, on the 21st day of April, 2008 at Nasinu in the Central Division, without lawful authority, possessed 18.3 grams of Cannabis, an Illicit Drug.

[2] On 21 April 2008, the police raided your house. They found you sitting in front of your house wrapping dried leaves in aluminum foil. You had the leaves in a container. The leaves were seized and you were arrested.

[3] The leaves were tested by government analyst and found to be Cannabis or Marijuana weighing 18.3 grams.

[4] You were interviewed under caution and you admitted being in possession of marijuana for personal use.

[5] In mitigation you said you were 44 years old and married with no children. You are looking after a niece. Recently, you have started a business of scrap metal collection.

[6] You have 47 previous convictions. I disregard the convictions that are more than 10 years old. You have 7 previous convictions in the last eight years, 5 of which are for being in possession of dangerous drugs and for which you were imprisoned.

[7] Obviously, you have not reformed yourself and the sentences imposed on you earlier have not deterred you from committing further offences. You are not entitled for any credit for previous good character. I cannot accept your contention that the drugs were for personal use. You were caught wrapping the marijuana in rolls of foil and placing them in a container. 18.3 grams is not an insignificant quantity. I take the drugs were for supply. This is an aggravating factor.

[8] The tariff for small scale possession of marijuana for a commercial purpose on circumstantial evidence of supply is between 2 to 4 years. A starting point lower than 2 years would be justified where there is no evidence of frequent supply for sale.

[9] The mitigating factors are the early guilty plea, co-operation with the police and your personal circumstances.

[10] After taking into account the mitigating and aggravating factors, I sentence you to 6 months imprisonment. I find no special circumstances to suspend your sentence.

[11] Tomasi Raibe Ravugati, you are sentenced to 6 months imprisonment effective from today.

[12] The drugs must be destroyed and the State is to file a report within 7 days.

Daniel Goundar
JUDGE

At Suva
Tuesday 9th September, 2008

Solicitors:
Office of the Director of Public Prosecutions, Suva for the State
Accused in Person