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State v Chandra [2009] FJHC 78; HAC041.2006 (27 March 2009)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASES: HAC041 of 2006,
HAC173 of 2007, HAC012 of 2008 &
HAC093 of 2008 (Consolidated)

BETWEEN:

THE STATE

AND:

MICHAEL ASHLEIGH CHANDRA

Counsel: Ms. W. George for the State
Mr. A. K. Singh for the Accused

Date of Hearing: 18th March, 2009
Date of Sentence: 27th March, 2009

SENTENCE

[1] Michael Ashleigh Chandra, you are convicted on your pleas of guilty to the following offences:

HAC041/06

Statement of Offence

FOUND IN POSSESSION OF DANGEROUS DRUG: Contrary to Section 5(a) of the Illicit Drugs Control Act No.9 of 2004

Particulars of Offence

MICHAEL ASHLEIGH CHANDRA, on the 3rd day of October 2005 at Lami in the Central Division, without lawful authority, possessed 897.2 grams of Cannabis Sativa, an illicit drug.

HAC173/07

Statement of Offence

FOUND IN POSSESSION OF DANGEROUS DRUG: Contrary to Section 5(a) of the Illicit Drugs Control Act No.9 of 2004

Particulars of Offence

MICHAEL ASHLEIGH CHANDRA, on the 2nd day of April 2007 at Nasinu in the Central Division, without lawful authority, possessed 4.7 grams of Cannabis or Indian Hemp, an illicit drug.

HAC012/08

Statement of Offence

FOUND IN POSSESSION OF DANGEROUS DRUG: Contrary to Section 5(a) of the Illicit Drugs Control Act No.9 of 2004

Particulars of Offence

MICHAEL ASHLEIGH CHANDRA, on the 27th day of December 2005 at Nasinu in the Central Division, without lawful authority, possessed 199.5 grams of Cannabis, an illicit drug.

HAC093/08

Statement of Offence

FOUND IN POSSESSION OF DANGEROUS DRUG: Contrary to Section 5(a) of the Illicit Drugs Control Act No.9 of 2004

Particulars of Offence

MICHAEL ASHLEIGH CHANDRA, on the 7th day of March 2008 at Narere in the Central Division, without lawful authority, possessed 273.1 grams of Cannabis, an illicit drug.

[2] In Case No. HAC041/06, you were traveling from Sigatoka to Suva in a vehicle when the police intercepted you. Upon seeing the police, you discarded a parcel from your vehicle. The parcel was uplifted by the police and you were arrested. The parcel contained 897.2 grams of Cannabis.

[3] In Case No. HAC173/07, you were arrested by military officers who found 4.7 grams of Cannabis at your residence.

[4] In Case No. HAC12/08, the police raided your home and found 199.5 grams of Cannabis hidden among a heap of rubbish inside your compound.

[5] In Case No. HAC093/08, the police seized 273.1 grams of Cannabis from your brother in law’s house. You admitted to the police that you concealed the drugs in your brother in law’s house.

[6] In mitigation, your counsel said you are 38 years old and married. You have four children. Your eldest daughter is physically handicapped. Three children are schooling.

[7] You gave evidence of assaults by military officers when they arrested you. You said the assaults were a form of punishment. You broke down into tears when giving evidence. You said you were treated in an inhumane way by agents of the State. The State did not seek leave to rebut your evidence. For the purposes of sentencing, I accept your evidence of assault.

[8] However, you have an unpleasant criminal record. You are not entitled to any credit for previous good character.

[9] Currently, you are serving a term of 6 years imprisonment for a similar offence, which was imposed on 19 June 2008 (see, State v Michael Ashley Chandra Criminal Case No. HAC023 of 2006). In that case, you were convicted following trial for dealing with 2322.7 grams of Cannabis. You have shown persistence in committing these offences. You committed the last offence whist on bail. You have shown a total disregard for law.

[10] The relevant mitigating factors are your guilty pleas, remorse, and the fact that you were assaulted by State agent upon your arrest. The aggravating factors are that you were in possession of the drugs for supply, the fact that you have shown persistence in committing the offences while on bail and the exposure of risk you placed your family members into, by hiding the drugs in their home.

[11] I take into account the quantity of drugs in each case, and categorize your case as medium range possession for commercial use. The tariff for this range is 2-4 years imprisonment (Meli Ba Vesi v State Crim. App. HAA027 of 2004). If the quantity is small, a term outside the range is justified.

[12] Taking into account the mitigating and aggravating factors, and the quantity of drugs in each case, I sentence you to:

2 ½ years imprisonment in Case No. HAC041/06.

3 months imprisonment in Case No.HAC173/07.

1 year imprisonment in Case No. HAC12/08.

1 year imprisonment in Case No. HAC93/08.

[14] If the sentences were to be served cumulatively, the total aggregate sentence could have a crushing effect on you and take away any prospect for reform. You have pleaded for mercy from this Court. I consider your pre-existing sentence of 6 years to be a just and appropriate term that should deter you from committing this kind of offences in future. I therefore order that you serve all the sentences concurrently with your pre-existing sentence of 6 years imprisonment.

Daniel Goundar
JUDGE

At Suva
Friday 27th March, 2009

Solicitors:
Office of the Director of Public Prosecutions, Suva for the State
A.K. Singh, Solicitor, Nasinu for the Accused