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Judgment

Phillip Douglas v R

SCA 0023/1979 · 1979-10-12

Interpretation of mandatory sentencing under section 12(2); Relationship between possession and dealing offences; Proportionality in sentencing; Appeal against sentence

Full metadata
Cause Number SCA 0023/1979
Court CIGC (Crim)
Judge Summerfield CJ
Parties Phillip Douglas v R
Judgment Date 1979-10-12
Subject Interpretation of mandatory sentencing under section 12(2); Relationship between possession and dealing offences; Proportionality in sentencing; Appeal against sentence
Filename (current) 79-10-12_phillip_douglas_v_r.pdf
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In the Grand Court of the Cayman Islands — Criminal Division
Cause No. SCA 0023/1979
Between
Phillip Douglas
- v -
R
Before
Summerfield CJ
Judgment delivered 1979-10-12

DATE
ACTION
REMARKS

12/10/79
Criminal Appeal

Order: I am satisfied that section 12 (2) makes the imposition of both a fine and imprisonment mandatory. This is with regard to the case of a second offence where there is a minimum to which an offender is made liable "in addition".

It is not altogether clear whether the second offence must be the same as the first to attract the higher penalty. I am inclined to the view that it must be so.

In imposing sentence in cases like these I think account must be taken of the fact that the charge of possession is an integral part of the offence of dealing.

They are both part of the same transaction and they should not be treated in a manner which will build up the sentence out of proportion.

That being the case I am of the opinion that the minimum mandatory sentence should have been imposed for the offence of possession. The term of imprisonment will therefore be reduced to 5 months.

In imposing sentence for the offence of dealing account must be taken of the mandatory sentence already attracted. The offence of dealing is very serious and the sentence of 18 months is well merited.

However, having regard to the foregoing the fine should be reduced to $1000. and it is so ordered. The term of imprisonment in default will remain unchanged.

The substantive terms of 5 months and

PHILLIP DOUGLAS V. REGINA

CAUSE NO.
Criminal Appeal No.
23/79

CORAM: Sir John. Summerfield, Chief Justice.....

DATE
ACTION
REMARKS

18 months will run concurrently.

To the extent indicated the appeal against sentence is allowed but is otherwise dismissed.

Chief Justice.

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