A High Court judge has imposed a suspended sentence of two years and 204 days on Michael Williams who admitted to possession, trafficking and importing more than 56 kilogrammes of cannabis in two separate operations.
Acknowledging that he played a secondary role in the drug-smuggling operations, Justice Laurie-Ann Smith-Bovell suspended Williams’ sentence, warning him that should he commit a later offence, he would have to serve the full term in prison.
Williams, of Foursquare Valley, St Philip, had previously pleaded guilty in the No. 4 Supreme Court that, between December 25, 2012, and January 10, 2013, he possessed, had a traffickable quantity of, and imported 14.99 kilogrammes of cannabis.
He also admitted to possessing, trafficking and importing 41.72 kilogrammes of the controlled substance on January 9, 2013.
The case was prosecuted by Acting Director of Public Prosecutions Alliston Seale SC and State Counsel Paul Prescod, while attorney Marlon Gordon represented Williams.
On January 9, 2013, police acting on intelligence conducted a surveillance operation near the Bridgetown Port and observed a truck driven by Williams, which they stopped along Prescod Boulevard.
When he was informed that he was suspected of being in possession of and transporting cannabis, Williams responded: “Officer, I gotta done with this. Wunna keep holding me all the time.”
Officers found seven barrels and a sofa on the flatbed truck, which was driven to Oistins Police Station. Police reviewed his documents and found he did not have gate passes for two of the barrels. These were searched, and 86 packages containing cannabis were found in packs of cornflakes, dog food, detergent, pasta and other everyday items.
While in custody, police investigated an unclaimed barrel that had arrived the previous month but had been flagged. When it was opened, 63 packages containing cannabis were found. The convicted man admitted his involvement, saying he had been approached to collect the drugs because “I does freight from the Port.”
Several factors were identified by the court as aggravating, including the large quantity of drugs, the fact that the offences were committed for financial gain, the level of planning, and that, while his part was secondary, it was still integral to the enterprise. Mitigating factors included the absence of violence.
Justice Smith-Bovell therefore gave a starting point of eight years.
This was reduced by one year because of Williams’ previously clean record, his co-operation with the police, his low risk of recidivism, and his remorse.
The court deducted time for his guilty plea, delay, and time on remand, leaving two years and 204 days for the trafficking offences, which are to run concurrently.
Agreeing with the prosecution and defence attorneys that the imposition of a fine was not appropriate in this case, she stated: “The court is of the view that while the custodial threshold has been crossed, Section 6 of the Penal System Reform Act should be applied and that the custodial sentence should be suspended.
“The suspension of the sentence should be a reminder to the now convicted man of the seriousness of the offence that he has committed and offer reassurance that he does not reoffend as the threat of incarceration hangs over his head should he run afoul of the law. The suspended sentence also allows him to continue his rehabilitation and be reintegrated into society as a contributing and productive citizen.”
Williams, who was convicted, reprimanded and discharged on both possession and importation charges, thanked the judge as he left the dock. (JB)
