Fiji’s appeal court cuts two cannabis growers’ prison terms by four years
Waisake Kaloulia’s nineteen-year cannabis cultivation sentence was reduced to fifteen years, and Kaminieli Naqeleca’s eighteen years to fourteen. The Court of Appeal applied its newer plant-count and role guidelines to the men’s older case, involving a remote plantation with at least 208 whole plants confirmed in the analyst’s report.
🇫🇯 Fiji
Fiji’s Court of Appeal reduced two cannabis growers’ prison terms by four years each on 30 May 2024. Waisake Kaloulia’s nineteen years became fifteen, and Kaminieli Naqeleca’s eighteen became fourteen. The court used its newer cultivation guidelines to reassess sentences imposed seven years earlier.
A remote plantation led to long sentences
The case began with a police search in January 2015. After finding cannabis leaf material at Kaloulia’s home, officers made a seven-hour trek through forest to a plantation at Davecadra farm.
Police reported seizing 484 plants. Because the plants were heavy and the return journey difficult, they cut roots off many before carrying them out. The government analyst recorded 208 complete plants, while the larger reported total remained part of the evidence considered on appeal.
Both men admitted growing cannabis to make money from selling it. Their convictions followed a trial in 2017, and they later challenged both the convictions and sentences.
The original judge relied on plant weight
When the men were sentenced, courts were using the 2012 weight-based guidelines for cannabis offences. The judge chose a twelve-year starting point and added eight years because of the quantity, before deducting time already spent in custody.
That produced nineteen years for Kaloulia and eighteen for Naqeleca. Each had to serve fifteen years before becoming eligible for parole.
In 2023, the Court of Appeal adopted a different approach to cultivation, assessing plant numbers and the grower’s responsibility. The men’s sentence appeals gave the court a chance to apply it to their older case.
The new approach reduced both terms
At least 208 complete plants placed the operation in the largest plant-count category. The judges treated both men as having leading roles because they were growing and selling on their own account.
Their operation was unsophisticated: a cleared area in remote bush, with no evidence of an elaborate drying facility or substantial profits. The court also credited their admissions and lack of relevant previous convictions.
It arrived at sixteen years before deductions for earlier custody, resulting in final terms of fifteen and fourteen years. Their parole eligibility periods fell to eleven years and six months and ten years and six months respectively.
The convictions stood while the punishment changed
The court dismissed both conviction appeals. It applied the newer guidelines because they produced a more favourable sentencing outcome in these cases.
The decision gave the 2023 ruling a concrete effect for people already in prison. It also highlighted the importance of reliable plant counts when investigating cultivation in Fiji.[1][2][3]
Sources
- Waisake Kaloulia and Kaminieli Naqeleca v State (30 May 2024). Fiji Court of Appeal. Paragraphs 3–10, 65–86 and final orders.
- Jone Seru v State (25 May 2023). Fiji Court of Appeal. Paragraphs 1–29, 33–56, especially paragraph 19 reproducing Sulua and paragraphs 35–39 setting cultivation guidelines.
- Illicit Drugs Control Act 2004. Fiji Ministry of Health. Assent 7 July 2004; sections 1–5, 11–22, 39; Schedule 1.