Petty v The Commissioner of Police

JurisdictionBahamas
CourtCourt of Appeal (Bahamas)
JudgeJohn, J.A.
Date16 October 2014
Docket NumberMCCrApp & CAIS No. 194 of 2014

Court of Appeal

John, J.A..; Conteh, J.A.; Adderley, J.A.

MCCrApp & CAIS No. 194 of 2014

Petty
and
The Commissioner of Police
Appearances:

Appellant appeared Pro se.

Mr. Garvin Gaskin, Acting DPP, with Mr. Floyd Moxey, and Ms. Al-Leecia Delancy, counsel for respondent.

Criminal Practice and Procedure - Possession of dangerous drugs — Possession of marijuana — Appeal against sentence — Whether the sentence was too harsh where the Appellant had plead guilty at the earliest opportunity and he had no previous convictions and his age — Conviction quashed and imposed a reduced sentence.

John, J.A.
1

We extend the time for the filing of the appeal.

2

This appellant pleaded guilty to possession of dangerous drugs, namely, 1 pound of marijuana. He pleaded guilty at the first available opportunity. He was sentenced to a term of four years, that being the maximum minimum at the time. However, he has urged upon the court to take into account his early plea of guilt, the fact that he has no previous convictions and his age.

3

Mr. Gaskin for the Crown has very laudably and commendably stated that the sentence in the Crown's view is not proportionate. We entirely agree.

4

In the circumstances, the Court quashes the sentence of four years imposed by the magistrate and imposes a sentence of 15 months from the date of conviction.

John, J.A.

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