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State v Nasagavula [2009] FJHC 79; HAC039.2009 (30 March 2009)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC 039/2009

BETWEEN:

STATE

AND:

TANIELA NASAGAVULA

CounselMr J. Singh for the State
Accused in person

Date of Hearing: Friday 27th March, 2009
Date of Sentence: Monday 30th March, 2009

SENTENCE

[1] Taniela Nasagavula, you have pleaded guilty to 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

TANIELA NASAGAVULA, on the 20th day of June, 2008 at Suva in the Central Division, without lawful authority, possessed 4.6 grams of Cannabis, an illicit Drug.

[2] After hearing you and counsel for the State, I am satisfied that:

(i) you understood and knowingly and intelligently waived your trial rights,

(ii) your plea was freely and voluntary made,

(iii) you understood the consequences of the plea, and

(iv) there was a factual basis for the plea.

[3] You are convicted accordingly.

[4] In mitigation, you said you are 30 years old, unemployed, and married with three children between the age of 3 months and 6 years. Your spouse is unemployed. You have two previous convictions, one for larceny and the other for possession of drugs. For those offences you were given suspended sentences in 2002. I take into account you have not re-offended since 2002, thereby, demonstrating an ability to abide by law.

[5] The facts are that you were found in possession of cannabis in Usher Street, Suva, for the purpose of peddling. Usher Street in Suva city is becoming a haven for drug peddlers. Drug peddling is prevalent in this part of the city.

[6] Drug peddling is a serious offence. Albeit the amount involved is relatively small, a short custodial sentence is justified to deter you and others from committing this kind of offence. You have been in remand for two weeks. You are remorseful for your conduct. You have pleaded guilty at the first reasonable opportunity.

[7] Taking these matters into account I sentence you to 3 months imprisonment.

[8] Drugs to be destroyed within 14 days

Daniel Goundar
JUDGE

At Suva
Monday 30th March, 2009

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