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State v Ratuyawa [2012] FJHC 1383; HAR018.2012S (19 October 2012)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL REVIEW JURISDICTION

CRIMINAL REVIEW CASE NO. HAR 018 OF 2012S

STATE

vs

NEMANI RATUYAWA

Counsel : Mr. S. Vodokisolomone for State
Accused in Person
Hearing : 1st October, 2012
Ruling : 19th October, 2012

RULING ON REVIEW OF SENTENCE

1. On 12th March, 2012, you appeared in the Suva Magistrate Court on the following charge:
   

Statement of Offence

UNLAWFUL POSSESSION OF ILLICIT DRUGS: contrary to section 5(a) of Illicit Drugs Act, 2004.

Particulars of Offence

NEMANI RATUYAWA on the 25th day of January, 2012, at Vunisea Jetty, Kadavu in the Eastern Division without lawful authority, in possession of dried leaves weighing 1566.3 grams known as Cannabis Sativa, an Illicit Drug.

2. You appeared to have waived your right to counsel, and you pleaded guilty to the offence. The prosecution's summary of facts were read to you. You admitted the particulars of the offence ie. you admitted that on 25th January 2012, you unlawfully possessed 1,566.3 grams of cannabis sativa. The court accepted your above admission, found you guilty as charged, and convicted you accordingly.
   
3. In terms of sentence, the majority decision in Kini Sulua, Michael Ashley Chandra v The State, Criminal Appeal No. AAU 0093 of 2008 and Criminal Appeal No. AAU 0074 of 2008, had to be followed. In terms of the four categories mentioned in paragraph 115, page 57, of the majority judgment, your case is a category 3 offence, that is, you were found in possession of 1,566.3 grams of cannabis sativa, which is between 1,000 and 4,000 grams of cannabis sativa, the range for category 3 offences. The tariff for category 3 cases is a sentence between 3 to 7 years imprisonment. The actual sentence will depend on the mitigating and aggravating factors.
   
4. Your conviction cannot be faulted. You constructively waived your right to counsel when you said you were ready to plead, on 12th March 2012. You pleaded guilty when the charge was put to you. The prosecution read the summary of facts. You admitted the facts. You were found guilty and convicted accordingly.
   
5. The mitigating factors in your case are your guilty plea, you are a first offender, you have been remanded in custody for 2 months 14 days and you are 23 years old subsistence farmer. The aggravating factor is your possession of a reasonable amount of cannabis sativa, which is outlawed.
   
6. Using my revisionary powers under the Criminal Procedure Decree 2009, I would start with a sentence of 3 years imprisonment. For the aggravating factors, I add 2 years, making a total of 5 years imprisonment. I deduct 2 years for the mitigating factors, leaving a balance of 3 years.
   
7. The conviction in the Magistrate Court is upheld. However, the sentence is set aside. In substitution thereof, I sentence you to 3 years imprisonment, with a non-parole period of 2 years imprisonment, effective from 13th April, 2012.
   

Salesi Temo
JUDGE

Solicitor for State : Officer of Director of Public Prosecution, Suva
Solicitor for Accused : In Person