In Magistrates Court this morning [Aug 30] Tahrik Smith, 35, was sent to jail for 90 days for possession of 45.26 grams [1.59oz] of marijuana which was said to have a street value of $2,275.
Mr Smith received this sentence from Senior Magistrate Archie Warner after he pleaded guilty to being in possession after police had stopped his car, in Devonshire, around 2:00am on 10th March 2012. On searching Mr Smith, Police found 6 clear plastic bags containing twists of plant material which turned out to be marijuana.
Speaking to the Magistrate, Mr Smith said that he was not steadily employed and when he worked, he worked as a part-time truck driver, and had a four year-old child. Before receiving sentence, Mr Smith told the Senior Magistrate: “I’m sorry. This will never happen again. It was not intended for supply. It was for personal use.”
Magistrate Warner commented that this was a lot of drugs for an unemployed man at that time of the morning and packaged the way it was. “But”, the Senior Magistrate said, “He says it was for personal use.”
Pointing out that law treats 20 grams and higher as being intended for supply, saying that as Magistrate he had to be mindful of this, the Magistrate heard submissions from Duty Counsel Aldwyn Savoury who argued that this was Mr Smith’s only and first offence and that he had a clean record. Mr Savoury asked for a Social Inquiry Report and recommended a suspended prison sentence.
The Senior Magistrate said that he had considered all the evidence and mitigating submissions, the clean record of the defendant, and his early guilty plea; but that for this amount of marijuana, and in all the circumstances, an immediate custodial sentence was warranted.
The Magistrate then handed down Mr Smith the 90 day sentence.
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