Sanderson J
IN THE GRAND COURT OF THE CAYMAN ISLANDS
HOLDEN IN GEORGE TOWN, GRAND CAYMAN
SCA #11 OF 2002
MARVA GRAHAM
vs
REGINA
Reasons for Judgment delivered by THE HONOURABLE
MR. JUSTICE SANDERSON on Thursday, February 27, 2003,
at George Town, Grand Cayman.
APPEARANCES:
For the APPELLANT: MR. L. AIOLFI
For the RESPONDENT: MR. A. ROBERTS
(REASONS FOR JUDGMENT - SANDERSON, J.)
SUMMARY COURT APPEAL 11/02,
THURSDAY FEBRUARY 27TH 2003.
THE COURT: In this case the defendant, Marva Graham, appeals a sentence of eleven years imposed by the learned magistrate in respect of the conviction for possession of cocaine with intent to supply.
The amount of cocaine involved was approximately 18 ounces, and had been ingested by Miss Graham for the purpose of bringing that cocaine into the country.
Ms. Graham, of course, has pled guilty to that charge, and has indicated through her counsel that she has cooperated with the authorities. Unfortunately, that cooperation did not result in the arrest, charge, or conviction of any other person, so far as I am aware.
The learned magistrate started with a sentencing guideline of 15 years, based upon the guidelines published by the Chief Justice in January of 2002. Those guidelines read:
"For offences involving two ounces or more -- or four grams
(REASONS FOR JUDGMENT - SANDERSON, J.)
or more -- of cocaine base,
without mitigating
circumstances, the tariff will
be 10 to 12 years. Fifteen
years or more will be imposed
where such an offence involves
substantial importation, or
dealing in any way, either in
powder or crack cocaine. We
would define 'substantial
importation' or 'dealing' as any
transaction involving several
ounces or kilo quantities."
The question in this case is whether or
not this is substantial importation or dealing.
I am satisfied that 18 ounces must be
considered to be a "substantial amount". That
is almost half a kilogram. The guidelines
specify "several ounces" or "kilo quantities".
Eighteen ounces would be "several ounces" and
"kilo quantities" does not necessarily mean
more than one kilo. A half kilogram -- or more
than a pound -- of cocaine is a substantial
amount.
I cannot readily draw a distinction in
(REASONS FOR JUDGMENT - SANDERSON, J.)
principle between half a kilo of cocaine and one kilo of cocaine. I therefore conclude that 18 ounces is substantial importation or dealing and, therefore, conclude that the starting point should be 15 years for an offence such as this.
Mr. Aiolfi has helpfully referred me to a number of authorities where sentences were passed under the previous guidelines. Those were the guidelines of Chief Justice Harre. Under those guidelines, the starting point for such an offence would also have been, in my view, 15 years. Those cases are, therefore, somewhat helpful in determining what our Court of Appeal would consider to be an appropriate sentence in circumstances such as this case.
In this case, Miss Graham is 35 years old -- I am sorry 36 years old -- with no prior convictions. She has three children ages four, six and 12; two of whom are staying with a friend.
She has done well in prison and I have been given a letter from Blake Scott her principal officer, confirming that to be the case.
(REASONS FOR JUDGMENT - SANDERSON, J.)
She pled guilty, although as Mr. Roberts points out, her guilty plea cannot be treated as significantly as it might be in some other cases, because of the circumstances of this case; namely, she had swallowed the narcotics, and a defence would have been difficult, if not impossible, in those circumstances. But she, nevertheless, did plead guilty and must be given some credit for that.
Second, as I have mentioned, she is a person with no prior convictions.
Third, she has cooperated with the police. That degree of cooperation has not resulted in any arrests, but I am not persuaded, on the material before me, that she has given less than full cooperation.
Fourth, she was not what I would consider to be a "high up" in the chain of drug importation. She was what is commonly described as a "mule". She was being paid a thousand dollars to bring these narcotics into the country.
Having reviewed all of the authorities that Mr. Aiolfi has referred me to, dealing with sentences for similar offences with
(REASONS FOR JUDGMENT - SANDERSON, J.)
similar amounts of cocaine, the range from the Court of Appeal is any anywhere from five and a half to approximately eleven years. The sentence in this case was eleven years.
I am satisfied that if this matter were to go to the Court of Appeal, based upon the authorities that have been referred to, it is likely that the sentence would be reduced.
I think the most appropriate sentence in this case is to reduce the sentence from eleven years to a term of nine years.
The appeal is allowed and the sentence is reduced to nine years.
Gentlemen, I reserve my right to correct and edit the reasons for judgment.
MR. AIOLFI: My Lord, thank you.
THE COURT: Thank you.
(PROCEEDINGS CONCLUDED AT 12:43 P.M.)
THE HONOURABLE MR. JUSTICE SANDERSON
(M. GRAHAM V R. 27/02/03 kam)