Green v Commissioner of Police

• Jurisdiction: Bahamas
• Judge: Gonsalves-Sabola, C.J.
• Judgment Date: 01 October 1990
• Court: Supreme Court (Bahamas)
• Docket Number: Appeal from Magistrate's Court No. 54 of 1989
• Date: 01 October 1990

Supreme Court

Gonsalves-Sabola, C.J.

Appeal from Magistrate's Court No. 54 of 1989

Green

and

Commissioner of Police

Appearances:

Mr. T. Langton for the appellant

Mr. Desmond Bannister

Criminal law - Appeal against conviction and sentence — Exportation of dangerous drugs — Possession of dangerous drugs with intent to supply — Whether magistrate's refusal of an adjournment to put corroborative material that the appellant was merely a custodier and ultimately intended restoring possession of the drugs of the owner on the record amounted to a breach of Article 20(2)(c) of the Constitution — Failure of Magistrate to comply with s. 201 of Criminal Procedure Code Act, Cap. 84 — Criminal Law (Miscellaneous Amendments) Act, 1990.

Gonsalves-Sabola, C.J.

1 The appellant was charged along with Willamae Russell before the Magistrate on charges of exportation of dangerous drugs, possession of dangerous and finally possession of dangerous drugs with intent to supply.

2 The evidence for the prosecution was that on September, 1988, the appellant was at the Nassau International Airport apparently preparatory to embarking on a flight to Miami. She was searched and found to have in her possession cocaine which was stashed away partly in her bosom and partly held in place by a pantyhose and panty girdle. Her explanation of what that cocaine was doing there was that in consideration of the payment to her by Willamae Russell of the sum of $3,000, which she did receive. She was taking the cocaine across to Miami with intent to deliver it back into the possession of Willamae Russell. That was her defence.

3 The magistrate convicted her and because the weight of the cocaine she had in her possession was in excess of two pounds, the magistrate committed her for sentence to this court. I have no doubt upon consideration of the defence that there was no tenable defence in law.

4 To make a very long story short, I will observe that the case of Regina v. Maginnis [1987] 1 A.C. 303 has laid it down beyond a peradventure that it is no defence to a charge of being in possession of dangerous drugs with intent to supply another that the possession was merely that of a custodier with the ultimate intention of restoring possession to the owner of the cocaine in this case, in circumstances where the owner was manifestly participating in the drug trade.

5 The record does not disclose but counsel for the appellant has by affidavit...