IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC 199 OF 2008

BETWEEN:

THE STATE
Complainant

AND:

MEREWALESI KURU
Accused

Counsel: Ms. J. Shah for the State
Ms. T. Leweni for the Accused

Date of Hearing: 27th March, 2009
Date of Judgment:3rd April, 2009

JUDGMENT

[1]	Merewalesi Kuru, 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 No 09 of 2004

Particulars of Offence

MEREWALESI KURU, on the 19th of February 2008 at Nasinu in the Central Division, without lawful authority possessed 484.7 grams of Cannabis, an Illicit Drug.

[2]	The facts are that on 19 February 2008 at around 10:15am, you walked into the Nadera Police Station with a sack containing 487.7 grams of cannabis. You handed the drugs to the police. You were interviewed under caution. You told the police that you bought the drugs so that you could be arrested and sent to prison. You are not a drug user or dealer.

[3]	You told the police that you wanted to go to prison to avoid further physical and emotional abuse from your husband over eight years of marriage. You have reported the abuse to the police, but received little assistance in stopping the abuse. You said that every time you lodged a report, your husband reconciled with you, and the police took no further action.

[4]	I find the circumstances of your offence unusual. I do not doubt the sincerity of your claim that you committed the offence to take refuge in prison from your abusive husband. The fact that you walked into a police station with the drugs and surrendered yourself, and the fact that you maintained a plea of guilty from the day you first appeared in court, show the sincerity of your claim that you committed the offence not for some selfish disregard for the law, but to avoid abuse from your husband. It is quite unfortunate that you had taken this drastic step to protect yourself from a man who is in a position of trust. 

[5]	The State has positive obligations, both, under the international and the domestic laws to protect you from any form of abuse. It is unfortunate that you are grieved by the fact that the law enforcement agency has failed to protect you.

[6]	You have four young children. You said your children have witnessed the abuse on you by your husband. Your youngest child was born three weeks ago. Presently, you are residing with your pastor and his family.

[7]	You are 30 years old and unemployed. Your parents are financially supporting you from U.S.A. You have a clean character.

[8]	Although the possession of drugs is considered a serious offence, I cannot impute a moral blame on you because of the circumstances of your offence. You did not physically harm anyone or deprive anyone of their property.

[9]	I take all these matters into account. I considered the circumstances of the offence and your character. I am satisfied that I should exercise my discretion to discharge you without conviction under section 44 of the Penal Code.

[10]	You are discharged absolutely without conviction.

[11]	The drugs to be destroyed within 14 days. 

Daniel Goundar
JUDGE

At Suva
3rd April 2009.

Solicitors:
Office of the Director of Public Prosecutions, Suva for the State
Legal Aid Commission, Suva for the Accused