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FIJI: Court quashes prison sentence
Fiji Times
Monday 10 Mar 2008 A man jailed for possession of 444.9 grams of marijuana had his sentenced overturned by the High Court that ruled the magistrate had erred in law. Avaitia Tulele was charged and convicted of one count of being found in possession of illegal drugs at the Magistrates court. He was jailed for three and a half years on 27 July 2007 and appealed the sentence before Justice Isikeli Mataitoga. Tulele had admitted he sold marijuana for a living because of the difficulties in obtaining employment. Tulele's appeal claim the sentence imposed against him was wrong in principle. He also claimed that his guilty plea was not consider during sentencing and the length of sentence was harsh and excessive for first offender. Justice Mataitoga said he was unable to concur with the learned Magistrate on the appellant's case being category 3. "It simply was not a case of large scale possession with commercial sophistication in its sales operation. The facts here show that the amount involved is 444.9 grams of cannabis sativa," he said. Justice Mataitoga said Tulele admitted selling them in small amounts. "There is no evidence that the appellant has been involved similarly before. On the facts, in my opinion, this case is a category 2," Justice Mataitoga said. "Sentence of imprisonment already served is sufficient to protect the interest of the public, while showing mercy to the appellant to have another opportunity to fully realise his potential in his chosen trade of carpentry." He sentenced Tulele to 1 year 3 months imprisonment suspended for 2 years. http://www.fijitimes.com/story.aspx?id=83509
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