Herbert v The Chief of Police

• Jurisdiction: Saint Kitts and Nevis
• Judge: Floissac, C.J.
• Judgment Date: 24 March 1992
• Neutral Citation: KN 1992 CA 3
• Docket Number: Crim. Appeal No. 2 of 1992
• Court: Court of Appeal (Saint Kitts and Nevis)
• Date: 24 March 1992

Court of Appeal

Floissac, C.J. Byron, J.A., Joseph, J.A. (Ag.)

Crim. Appeal No. 2 of 1992

Herbert

and

The Chief of Police

Appearances:

Mr. Hesketh W. Benjamin for the appellant

Mr. Malcolm Holdip for the respondent

Criminal law - Appeal against sentence — Appellant pleaded guilty to possession of less than one ounce of cannabis and sentenced to 12 months imprisonment — Whether sentence was excessive — Sentence set aside — Fine of $5,000 imposed, payable in 1 month or 6 months imprisonment.

Floissac, C.J.

1 The appellant was charged with possession of cannabis on the 9th July, 1991 at Basseterre in the Federation of Saint Christopher and Nevis, contrary to Section 7(2) of the Drugs (Prevention of Misuse) Act, No. 11 of the Laws of the said Federation.

2 On the 16th December, 1991 in the Magistrate's Court of the said Magisterial District, the appellant pleaded guilty of the offence charged and was sentenced by magistrate Lynch-Wade, Snr. to imprisonment for a term of 12 months. He appealed against his sentence.

3 In support of a reduction of the sentence, counsel for the appellant relied on the facts that –

• (1) The appellant pleaded guilty to the offence.

• (2) This was the appellant's first drug offence.

• (3) The amount of cannabis involved was less than one ounce.

• (4) the appellant was a user rather than a dealer in a controlled drug; and

• (5) the appellant was gainfully employed in his father's business at the time of the commission of the offence.

4 In imposing the sentence of imprisonment, the learned Magistrate said:–

“This offence...