Conditional Discharge For Marijuana Possession
In Magistrates Court on Thursday [Apr.5] a teenage male who said that he was studying at a Canadian college received a six month Conditional Discharge after he pleaded guilty to a charge of possessing 0.64 grams of cannabis in an Increased Penalty Zone at the Bulls Head Car Park on December 17th 2011. The case caused the Senior Magistrate to comment on the matter of his discretion in the disposition of cases such as this one.
Pointing out the serious and long-term consequences that would flow from a conviction, Duty Counsel Leopold Mills had argued that in light of the small amount and the guilty plea, there was a strong case for leniency and had recommended a Conditional Discharge.
Senior Magistrate Archie Warner questioned the Deputy Director of Public Prosecutions asking why the matter had not been handled by a Police caution. Ms Cindy Clarke examined the file and said that the young man’s first response to police had not been an admission of guilt. The evidence was that he had denied possession and had said that a grinder that was said to be in his possession was not his, but that he was holding it for someone else.
Ms Clarke said that this first denial had placed the young man outside the parameters for getting a police caution. She said that early acceptance of guilt is a pre-condition for a Police caution.
The Senior Magistrate said that he must always consider two matters. Public policy and the personal situation of the offender. The Senior Magistrate said that in this case, there was a clear conflict between the public policy and its stated or apparent intent, and the interests of the defendant. The Magistrate said that it was the role of politicians to do the right things and meet the full needs of the public.
Responding to a comment from Mr Mills that he understood that the Attorney General was currently reviewing the policy on simple possession of cannabis; Magistrate Warner said that if simple possession under these conditions was not to be treated as serious crime, then legislators and politicians must do their duty and deal with the issue.
He said that he was bound by laws and policies as written, not as wished for. The Magistrate said that as far as he knew, the US Authorities made no distinction between a criminal conviction and a Conditional Discharge.
The Magistrate said that he was unhappy with the fact that even though Conditional Discharges were granted, the fact that a person could still be named in the media seemed to negate the purpose of the Conditional Discharge which was that there would be no permanent record of the incident.
Speaking to the young man, Magistrate Archie Warner told him that he hoped he was smart enough to deal with this matter and regulate his behavior. The young man was given a Conditional Discharge for six months. After six months, without any further brushes with the law, the matter will no longer be on the record and the young man can say that he has no criminal convictions..
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Good to see that we are making some progress with regard to cannabis sentencing for simple possession. We should not be handing out sentences that prevent students from studying abroad. Anything to keep young folks off the dreaded and draconian U.S. Stop List! The USA does not set a fair and just example when it comes to marijuana. And their so-called War on Drugs has been an abject failure!!
On the other hand we are sending out the wrong message to our young people that oh it’s o.k. to possess a small amount and you won’t get in any trouble. SMH
The wrong message is constantly sent out For example every time the Government promotes Collie Budz to represent Bermuda as a performer. Not only is his name directly linked to cannabis, but so are many of his lyrics. I agree with Star Man that simple possession of a small amount, say 5 grams, needs to be decriminalised, or treated the same way as many other countries, including Canada, and ignored by the police and authorities.
Keep promoting alcohol folks yeah more drunk people let’s keep our people drunk.
Weed will actually let them think outside the box we can’t have that
Probably white ad have some $$$
your probably —- broke lazy and jealous……aww… you poor thing
sad day in Bermuda wrote ” Probably white ad have some $$$”….
I said he was probably BLACK and it gets omitted…..wake up Bermuda……wake the fork up
This blog are so helpful for young persons. Because the younger are so addicted with drugs and marijuana.
Good, in many states in the US, the police merely write you a citation for getting caught with small amounts of weed. Bermuda needs to stop wasting the courts time with these small amounts of plant material. I do however think that anyone caught under the age of 18 with any amount should have to attend mandatory drug counseling. Once you are 18, you are allowed to drink a beer, you should be allowed to have small amounts of weed for personal use.
man f**** u ppl that say that he got what he deserved. Herb is the healing of the nation so f*** u
weed is decriminalized in boston any thing under and oz is a ticket…thanks to new laws and the medical marijuana movement thx God the young man didnt get put on the stop list 4 a joint … one love bermuda tune in…(….weed iz not a drug its a plant and if u should happen to set it on fire there r some effects…..)katt williams…lmao btw HempFest Down town Boston sept 15 if your in Bean Town come down and smoke a bowl……..live bands vendors …& most of all great meds….dont worry the cops catch second hand contact and just smile and wave .like johnny barns…….Peace….!
Can anyone CONFIRM for sure that he will NOT be on the Stoplist..? Apparently his record will be cleared after six months and if his name was in the media today …..sorry brah they got you…now this is where i see the freedom of the press to be more of a hindrance than a help….it wasn’t murder, rape or robbery….it was less volume of vegetation than a Marlboro or one of High Societys Cubana…the bottom line is this …who made money off of this wasted time and energy….?
If the reporters are there when you are sentenced, your on the stop list. I swear its someones job at the american consulate to get the paper and add names to the list.