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State v Naicker - Sentence [2025] FJMC 63; Criminal Case 335 of 2024 (18 September 2025)

IN THE MAGISTRATE’S COURT IN SIGATOKA

CRIMINAL JURISDICTION

Criminal Case No.335/2024

The State –v- Atish Chand Naicker

For the State: PC Kamea

For the Accused: In person

SENTENCE

1. Atish Chand Naicker, the State preferred to charge you with the following:

Statement of Offence (a)

Unlawful Possession of Illicit Drugs: Contrary to Section 5(a) of the Illicit Drugs Control Act No. 9 of 2004

Atish Chand Naicker on the 30^th day of July 2024 at Sigatoka in the Western Division without lawful authority had in his possession 0.133 grams of Methamphetamine an illicit drug.

2. The above mentioned charge was read to you, you indicated that you understood them and pleaded guilty to the said charge of your own free will. Therefore, your plea were entered unequivocally.
3. The summary of the facts was read out to you and you admitted the same. In summary, on 30^th July 2024 at Cuvu, Sigatoka, you had in your possession a clear plastic of white crystals confirmed to be methamphetamine while being a passenger in a vehicle. You threw the sad plastic before the police reached you with the hope they would not find it in your possession. You were arrested, interviewed under caution where you admitted buying the crystals from a known drug dealer in Cuvu. You were then charged for this offence.
   
4. You are therefore convicted accordingly.

Mitigating Factors

5. You are a first offender. You have also offered the plea in mitigation as follows:

- You are 29 years of age and a single parent.
- You are a Taxi Driver earning about $600 to $800 a week.
- You ask for the Court’s forgiveness and promise never to reoffend.
- You also seek for your time in remand for this matter to be considered.
- Court also notes you have pleaded guilty at the earliest opportunity.

6. The State seeks for an appropriate sentence to be imposed upon you.
Maximum Sentence

7. The maximum sentence for this offence is life imprisonment and/or $1 million fine.
   

Tariff

8. The tariff for this offence was outlined in the authority of Abourizk v State in which the Court of Appeal stated as follows:
   

“Category 1 – up to 5 grams – 2 ½ years to 4 ½ years imprisonment;

Category 2 – More than 5 grams up to 250 grams – 3 ½ years to 10 years imprisonment;

Category 3 – More than 250 grams to 500 grams – 9 years to 16 years imprisonment;

Category 4 – More than 500 grams to 1 kg – 15 years to 22 years imprisonment;

Category 5 – More than 1 kg – 20 years to life imprisonment.”

Sentence

10. This is a Category 1 offence (as per Abourizk) and so I commence imprisonment at 2 ½ years. I deduct 6 months from this term for your mitigating factors, leaving you with a balance of 2 years imprisonment. I deduct a further 8 months for the guilty plea, leaving you with a balance of 16 months imprisonment.
    
11. I do not see any special circumstance to suspend this sentence as being in possession of hard drugs such as methamphetamine continues to be on the rise in our communities and so there needs to be a message of deterrence to would be offenders.
    

Atish Chand Naicker:

12. For the offence of Unlawful Possession of Illicit Drugs, I sentence you to a term of 16 months imprisonment.
13. You have been in remand for estimated 2 months and therefore I accept this period of 2 months as time served. As a result of this, your actual term of imprisonment is 14 months imprisonment.
14. Drugs to be destroyed in 28 days before the Officer in Charge of the Sigatoka Magistrates Court or her delegate.

16. The sentence will now be explained to you.

17. 28 days to appeal.

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J. Daurewa

Resident Magistrate

18^th September 2024