Peterson v The Commissioner of Police

• Jurisdiction: Bahamas
• Court: Court of Appeal (Bahamas)
• Judge: Allen, P.
• Judgment Date: 20 October 2014
• Neutral Citation: BS 2014 CA 166
• Date: 20 October 2014
• Docket Number: MCCrApp & CAIS No. 208 of 2013

Court of Appeal

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

MCCrApp & CAIS No. 208 of 2013

Peterson

and

The Commissioner of Police

Appearances:

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.

1 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.

2 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.