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Regina v Fiuwane [1999] SBHC 125; HC-CRAC 355 of 1999 (29 October 1999)

HIGH COURT OF SOLOMON ISLANDS

Criminal Review Case No. 355 of 1999

REGINA

V

FOFEI FIUWANE

High Court of Solomon Islands
(KABUI, J)

Date of Review: 29^th October 1999

REVIEW JUDGMENT

(F. O. Kabui, J): The accused was charged with the following offence at Auki on 14^th July, 1999

Statement of Offence

In possession of dangerous drugs, c/section 8(b) as read with section 39(2)(b) of the Dangerous Act (Cap. 98).

Particular of Office

That (Bart Boboria) Rofei Fiuwane of Tabaa Village, on or about 13^th July, 1999 at Auki Market in the Malaita Province was found in possession of Indian Hemp being two and half packets of canalais sativa leaves.

The accused appeared on 14^th July, 1999 before the Principal Magistrate and pleaded guilty to the charge against him.

The Magistrate imposed a fine of $100 on him payable forthwith in default of which he would go to prison for 50 days. The Magistrate also remanded him in custody until the fine was paid. The two and half packets of the Indian Hemp were also forfeited and destroyed by Order of the Magistrate. The Court record shows that the accused was arrested and charged on 13^th July, 1999. The next day, he appeared in the Auki Magistrate Court and pleaded guilty to that charge. There would not have been time for the Director of Public Prosecutions to give his consent under section 39(3) of the Dangerous Drugs Act (Cap. 98) (see Regina v Robert Maebinu) (Review Judgment in Criminal Review Case No. 160 of 1999). In exercising my power under section 47 of the Magistrates Courts Act (Cap. 201), I set aside the conviction and quash sentence entered against the accused in this case.

I order accordingly.

F.O. Kabui
Judge