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10/03/2008 00:00:00

FIJI: Court quashes prison sentence



---
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


Source: http://www.ukcia.org/news/shownewsarticle.php?articleid=13335
Author: Fiji Times via UKCIA

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