Peterson v The Commissioner of Police

CourtCourt of Appeal (Bahamas)
JudgeAllen, P.
Judgment Date20 October 2014
Neutral CitationBS 2014 CA 166
Date20 October 2014
Docket NumberMCCrApp & CAIS No. 208 of 2013

Court of Appeal

Allen, P.; John, J.A..; Conteh, J.A.

MCCrApp & CAIS No. 208 of 2013

The Commissioner of Police

Mr. Murrio Ducille, Counsel for appellant.

Ms. Darell Taylor, with Mr. Randolph Dames, Counsel for respondent.

Criminal Practice and Procedure - Drugs — Cultivation of plants and possession of hemp with intent to supply — Appeal against sentencing — Small amount of drugs — Previous convictions for similar offences — Appeal allowed, sentenced quashed and reduced to two years.

Allen, P.

We have heard the submissions of counsel and considered the circumstances of the offences and the offender. The appellant was convicted of cultivation of 6 plants and possession of 2 packages of Indian hemp weighing 2 ounces with intent to supply. We have considered the fact that he pleaded guilty at the first opportunity and we have taken into account the fact that he had a small amount of drugs. However, we have also taken into consideration the fact that he has previous convictions for similar offences.


Nevertheless, we allow the appeal and quash the sentence of 4 years, because we think 4 years is disproportionate even in these circumstances. We do not think that a non-custodial sentence, as Counsel requested, is appropriate in this case, so we affirm the imposition of a custodial sentence, but reduce it to 2 years, 11 months and 2 weeks, taking into account the 2 weeks' imprisonment served prior to his release on bail. The sentence takes effect from today's date.

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