Home | Databases | WorldLII | Search | Feedback Magistrates Court of Fiji

State v Nagurawa [2013] FJMC 294; Criminal case 112.2013 (7 August 2013)

IN THE MAGISTRATE COURT OF FIJI
AT RAKIRAKI
CRIMINAL JURISDICTION

CRIMINAL CASE NO. 112/13

BETWEEN:

THE STATE

AND:

MESULAME NAGURAWA

Prosecution: WPC Poonam
Accused: Ms Tarai (Legal Aid Office)

SENTENCE

1. Mesulame Nagurawa you pleaded guilty voluntarily to the offence of Unlawful Possession of an Illicit Drug contrary to section 5(a) of the Illicit Drug Control Act 2004.
   
2. You pleaded voluntarily to the charge when it was read and explained. You also accepted the facts tendered by prosecution and was convicted as charged.
   
3. On 17th February 2013 at 8pm at Waimicia Nalawa Ra you were seen by Cpl 2319 Levani standing in the dark near a stall. Cpl Levani felt suspicious therefore he came and searched you. He found a plastic containing dried leaves inside your back pocket.
   

You were than arrested and taken for questioning whereby you admitted the alleged offence. The alleged dried leaves were sent to Koronivia for tests and the dried leaves weighing 1.1 grams was positively confirmed to be marijuana or cannabis sativa an illicit drug. You were than charged accordingly.

4. Your counsel mitigated and I take the following mitigation in your favor:
   
   • Guilty plea.
   • First offender.
   • Sorry and remorseful.
   • Promised not to re-offend.
     
5. I don't see any aggravating factor from the offending aside the elements of the offence.
   
6. The maximum prescribed penalty for the said offence would be life imprisonment or fine of $1000,000 or both.
   
7. The tariff for drug related offences was stated in the recent FCA matter of Kini Sulua & Micheal Chandra v State Criminal Appeal No. AAU0093 & AAU0074 of 2008 at page 57 by majority decision it was accepted as follows:
   

In summary, the four categories are as follows:

(i) Category 1: possession of 0 to 100 grams of cannabis sativa - a non-custodial sentence to be given, for example, fines, community service, counselling, discharge with a strong warning, etc. Only in the worst cases, should a suspended prison sentence or a short sharp prison sentence be considered.

(ii) Category 2: possession of 100 to 1,000 gram of cannabis sativa. Tariff should be a sentence between 1 to 3 years imprisonment, with those possessing below 500 grams, being sentenced to less than 2 years, and those possessing more than 500 grams, be sentenced to more than 2 years imprisonment.

(iii) Category 3: possessing 1,000 to 4,000 grams of cannabis sativa. Tariff should be a sentence between 3 to 7 years, with those possessing less than 2,500 grams, be sentenced to less than 4 years imprisonment, and those possessing more than 2,500 grams, be sentenced to more than 4 years.

(iv) Category 4: possessing 4,000 grams and above of cannabis sativa. Tariff should be a sentence between 7 to 14 years imprisonment.

8. The offending in this case falls into category 1 i.e. possession of between 0-100 grams, non-custodial sentences such as fines, community work, counselling, discharge with a strong warning etc.
   
9. Considering that this is your first offence and the amount in your possession being 1.1 grams, I will exercise my discretion and order that you be discharged accordingly.
   
10. However I'm going to give you a stern warning that if you appear before this court again convicted for any similar offence in future, this court will not be lenient with you.
    
11. 28 days to appeal.
    

Samuela Qica
Resident Magistrate

7th August 2013