The High Court in Suva has quashed a 31-month sentence imposed on a man jailed for planting 37 marijuana plants last year.
Josaia Mataitoga is now serving the final few days of his new seven-month term after a successful appeal against sentence before Justice Daniel Goundar at the High Court in Suva.
Issued last month, the new sentence was backdated to October 9 last year.
He had pleaded guilty in the Savusavu Magistrate’s Court to a charge of cultivation of illicit drugs and was sentenced on October 15.
In his ruling Justice Goundar found there was insufficient material before the learned magistrate to enable him to reasonably assess that the appellant played a “significant” role in the cultivation of 37 plants.
Court records show that on July 13 last year, police used a drone to locate a farm on which, 37 green plants, ranging from 43cm to 233cm in height were found.
Analysis confirmed the plants were cannabis sativa weighing a total of 928.8 grams.
Mataitoga filed an appeal with two grounds: that the magistrate imposed a sentence which was harsh and excessive, and that the magistrate erred in law and fact when he found the appellant played a significant role within the Jone Seru guideline judgment without evidence before the court to support that finding.
“The summary of facts made no mention of his role,” stated Justice Goundar.
“Indeed, it was not agreed that the cultivation was for commercial purposes. In mitigation, it was advanced that there was only one big plant, and the rest were small.
“In my view, the evidence did not support that the appellant played any more than a ‘lesser’ role. Adopting the wrong starting point is an error of principle that caused the sentencing discretion to miscarry.
“I consider that a different sentence should have been passed.”
Justice Goundar said by his calculation assuming full remission, this substituted sentence had already been served by Mataitoga.
“I shall leave it to the appropriate authorities to attend to the formalities of your imminent release,” he concluded.
