Sosaia Laloni Kolofale (35) who pleaded guilty to possession of less than one gram of cannabis was placed on a good behaviour bond, at the Supreme Court.

Lord Chief Justice Whitten Whitten sentenced him on August 7 on one count of possessing 0.75 gram (gross weight) of cannabis (class B illicit drug).

Police apprehended him during a search of a vehicle. He pleaded guilty on July 2.

The Chief Justice, said having regard to the upper limit of weight prescribed by the relevant provision of 28 grams, the weight here is at very much the lower end of the spectrum of what can only be regarded as personal use.

It was also to be noted that Parliament has clearly intended that class B illicit drugs attract far less severe penalties than class A drugs, which, at present, carry a single maximum penalty regardless of weight of 30-years imprisonment or a $1 million fine.

He said, the Crown at one point in its sentencing submitted that a non-custodial sentence was appropriate. However, elsewhere it submitted for a sentence of one-month imprisonment, fully suspended.

“I accept that the weight of any illicit drug is not the only factor in determining an appropriate sentence. However, as the relevant legislation has set the maximum penalties by reference to the class and weight of drugs, and without differentiation as to possession, manufacture, cultivation, use or supply, weight is clearly a relevant factor in determining the appropriate sentencing option,” he said. “On possession charges, it is quite often the only distinguishing feature between one case and another.”

In addition, the defendant was in possession of less than 1 gram, had cooperated with Police from the outset and entered a plea of guilty to at the earliest opportunity.

"He has expressed remorse and acknowledges a need to undertake a drugs awareness program. This appears to be the first detected occasion on which he has been involved with drugs. He told the probation officer that his involvement was a product of associating with others using drugs."

In those circumstances, the Chief Justice considered justice would be served by imposing a good behaviour bond together with probation and community service.

This was on conditions that during the next 12-months, he is placed on probation, must not to commit any offences punishable by imprisonment; not to consume alcohol or illicit drugs and perform 40 hours of community service as directed by his probation office, among others.

The cannabis was ordered to be destroyed.