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Sheena Minzett v R - Judgment

SCA 0008/2008 · 2009-08-21

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In the Grand Court of the Cayman Islands — Criminal Division
Cause No. SCA 0008/2008
Between
Sheena Minzett
- v -
R - Judgment
Before
Henderson J
Judgment delivered 2009-08-21

IN THE GRAND COURT OF THE CAYMAN ISLANDS HOLDEN AT GEORGE TOWN, GRAND CAYMAN C.I.C.A. No. 5 of 2009 S.C.A. No. 8 of 2008 SHEENA ANNIE-MAY MINZETT V. REGINA Appearances: Mr. John Furniss, Attorney-at-Law for the Appellant Mr. John Masters of the Govt. Legal Dept. for the Crown, the Respondent Before: Hon. Justice Henderson Heard: March 6, 2009 REASONS FOR JUDGMENT

Sheena Minzett has appealed from a sentence of four years imprisonment after her conviction on a charge of importation of ganja and related offences.

The evidence demonstrated that Ms. Minzett was participating with several men in an attempt to import a very large quantity – 964 pounds – of ganja from Jamaica. Ms. Minzett pleaded not guilty and was convicted after a trial in the Summary Court. She is a 33 year old Caymanian woman with 23 previous convictions, most of them for drug offences.

There is no sentencing Guideline for ganja importation. For the importation of this quantity of cocaine, the sentencing guidelines suggest as a starting point a term of imprisonment of 15 years. The sole point pressed on behalf of Ms. Minzett is that a co-accused, Jarrett Daniels, received a sentence of only two years imprisonment. Mr. Daniels was not a passenger on the boat used for the attempt at importation and was convicted on the basis that he had rendered some assistance to the principal defendants as they were bringing the ganja into the Harbour. His degree of involvement was different. The sentence imposed upon Ms. Minzett was not excessive and, if anything, was somewhat on the low side.

The appeal from sentence is dismissed. Dated this 21st day of August, 2009 Henderson, J. Judge of the Grand Court

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