Inferior Court
Appeal No. 7 of 1978
3rd March, 1980.
Barrington-Jones, J.

Mr. G. Godfrey for the Appellant
Mr. Elrington for the Respondent

Criminal Law - Appeal from Inferior Court against sentence - Dangerous Drug Ordinance - Plea of guilt to Cultivation of Indian Hemp - No previous conviction.

J U D G M E N T

The Appellant pleaded guilty on the 18th March, 1977 to the cultivation of Indian Hemp contrary to section 5(a) of the Dangerous Drugs Ordinance before the Magistrate at Orange Walk and was sentenced to six months hard labour and to a fine of $500 in default 6 months hard labour.

A Notice of Appeal against sentence was filed on the 21st March, 1977, and this case first came before me on the 28th February, 1980, nearly two years after the Appellant's conviction.

It is common ground that 7 plants (5 plants of which proved to be Indian Hemp) were found in the yard of the Appellant's property, which the Appellant admitted having transplanted from a tomato bed.

Mr. Godfrey (for the Appellant) submitted that the sentence was excessive and referred to the small number of plants found. He also drew the Court's attention to the fact that the Appellant had no previous convictions prior to his convictions in this case. Mr. Godfrey contrasted the sentence imposed in Case No.1730 of 1978 Sgt. Rowland v Dale, where the Defendant was convicted of possessing 1,500 lbs of Indian Hemp and was fined $1,000.00. He also stated that the Appellant has twelve children, but I do not consider this to be a relevant consideration in this appeal.

Mr. Elrington for the Crown submitted that the case was extremely grave, and expressed the view that the Magistrate had in mind an element of deterrence in imposing the sentence that he did. He agreed, however, that it was an unhappy omission that the Magistrate had failed to make mention of this in his reasons for decision.

I have nothing before me concerning the prevalence of this sort of offence in the Orange Walk District in 1977, and I must say that it is a matter of considerable concern to me that this appeal has taken nearly two years to reach this Court for hearing and determination.

In all the circumstances of the case, I think that justice will be properly served if the sentence is quashed and a fine of $800.00 substituted, in default 4 months imprisonment.

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