Mother Discharged From Drug Charge
In February 2008, the 30 year old walked into the Nasinu police station with a bag containing 484 grams of marijuana and handed it over to the police.
She told the police that she wanted to go to prison to avoid further physical and emotional abuse from her husband for over 8 years. She said despite several reports police were not able to protect her.
Judge Justice Daniel Gounder said he found the circumstances of the case very unusual and does not doubt that she committed the offence to seek refuge in prison and her surrendering the drugs and her early guilty plea show sincerity that she did not do anything in selfish disregard for the law but to avoid abuse from her husband.
Judge Gounder said the state has positive obligations both under international and domestic laws to protect her from any form of abuse and that it is unfortunate that the police failed to protect her. The Judge stated that although possession of drugs is a serious offence, he cannot impute a moral blame on her because of the circumstances. Judge Gounder discharged the woman and ordered that the drugs be destroyed within 14 days.
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