The Court of Appeal has affirmed an eight-month sentence for a man who had $220 worth of marijuana with intent to supply.
Tracy Morley was arrested after 3.78 ounces of marijuana, contained in two plastic bags, and a scale were found in his baggage while at the airport.
In a subsequent interview with police, Morley said he had bought the drugs for $220 to smoke.
He pleaded guilty to drug possession with intent to supply at his arraignment before Magistrate Carolyn Vogt-Evans on June 15 and was sentenced to eight months’ imprisonment.
In passing sentence, the magistrate took into account a 2017 conviction for the same offense. On that occasion, Morley was given the chance to avoid spending 15 months in prison, provided he paid a $3,500 fine.
Morley, who was unrepresented at his arraignment, hired Dion Smith to appeal the sentence on the basis that it was unduly harsh. Morley will not receive time off for good behaviour because of the charge.
At the appeal, Smith noted other instances where repeat offenders had been fined by other magistrates.
Justices of Appeal Jon Isaacs and Sir Brian Moree affirmed the sentence.
In a dissenting decision, Court President Sir Michael Barnett said he would have allowed the appeal and sentenced Morley to the six weeks he had already served along with a fine of $3,000, which would result in an additional three months in prison if not paid.
Sir Michael said notwithstanding Morley having a scale, there was no evidence before the court that he intended to sell the marijuana.
Sir Michael said, “In my judgment, sentences should move away from imprisonment for small amounts of marijuana for persons who use it to smoke. That is the purpose for which the appellant said that he bought the marijuana.”
On the other hand, Justices of Appeal Isaacs and Moree frowned on the practice other magistrates to fine persons with multiple convictions for drug possession with intent to supply.
Justice Isaacs noted that it was the number of packets that triggered the presumption of intent to supply and not the weight of the drugs.
He added, “While a person with hundreds of pounds of marijuana may well be considered a wholesaler of the drugs, this does not discount the value of a person with mere ounces of drugs as being a retailer or petty drug dealer; the latter’s role is equally important in the supply of drugs to the end-user.”
Sir Brian disagreed with the trend of not jailing people convicted of having small amounts of drugs with intent to supply.
He said, “ It seems to me that it does not serve the peace and order of society for the courts to minimize the serious offense of dealing in or supplying illegal drugs to others.
“ I apprehend that equivocation by the courts on this subject may be misinterpreted by persons in society and lead to the increase in the occurrence of that offense.”
Copyright Bahamas Court News 2023
