THE High Court in Labasa has allowed an appeal by a mother of a newborn, quashing her 21-month prison sentence for drug possession and substituting it with a community-based corrections order.
Afrina Bi appeared before Justice Lee James Burney on September 3, appealing against a sentence imposed by a magistrate on April 24, for unlawful possession of 0.021 grams of methamphetamine.
The High Court heard Bi was the primary caregiver of her 21-day-old infant when she was sentenced.
Justice Burney found that her pregnancy and the recent birth of her baby were substantial mitigating factors which were not reflected in the magistrate’s sentencing remarks.
The judge said sentencing courts should be fully informed about the family circumstances of primary caregivers and the implications of imprisonment for dependent children.
A pre-sentence report found Bi had stable accommodation and employment, and significant parental responsibilities for her eight-year-old daughter and now four-month-old infant son.
The report also identified her willingness to participate in counselling and rehabilitation programs and recommended a community-based sentence.
Justice Burney ordered that Bi serve a community-based corrections order, including participation in substance-abuse counselling and rehabilitation programs.
Her appeal was allowed, and the prison sentence was quashed.
