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Judgment

Clarice May Powell v R

Crim App 0008/1984 · 1984-06-25

Importation of ganja; Mandatory sentencing; Sentence variation

Full metadata
Cause Number Crim App 0008/1984
Court CICA (Crim)
Judge Kerr JA, Ross JA, Zacca JA
Parties Clarice May Powell v R
Judgment Date 1984-06-25
Subject Importation of ganja; Mandatory sentencing; Sentence variation
Filename (current) 84-06-25_clarice_may_powell_v_r.pdf
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In the Court of Appeal of the Cayman Islands — Criminal Division
Cause No. Crim App 0008/1984
Between
Clarice May Powell
- v -
R
Before
Kerr JA, Ross JA, Zacca JA
Judgment delivered 1984-06-25

IN THE COURT OF APPEAL FOR THE CAYMAN ISLANDS

CRIMINAL APPEAL NO. 8/84

BEFORE: The Hon. MR. Justice Zacca, President
The Hon. Mr. Justice Kerr, J.A.
The Hon. Mr. Justice Ross, J.A.

CLARICE MAY POWELL v. REGINA

Appellant appeared in person
Mr. A. Smellie for the Crown

25th June, 1984

Zacca, P.:

Miss Powell, your situation is not much different from a lot of other people who seem to think that because things may be bad with them that this is an easy way out. Unfortunately, it is not. A lot of people seem to think that they can bring in ganja from Jamaica into Cayman Islands expecting and hoping that they will not be discovered, but the police here are very vigilant and so often persons like yourself bringing in ganja into this country are discovered and the law here is very, very severe on drugs. There are mandatory sentences and very high sentences too.

As far as the sentence of imprisonment is concerned, that is the eighteen months on each charge, this Court is unable to interfere with that sentence as the Court cannot say that it is manifestly excessive under the circumstances having regard to the fact that the ganja weighed eight and a half pounds. With respect to the fine of two thousand dollars the Court is prepared to vary that to a fine of one thousand dollars and in default the same six
months' imprisonment, so that the appeal against sentence is allowed in part and the fine on the importation charge is varied to one of one thousand dollars or six months in default of payment. The sentence is to run from the date of conviction.

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