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Cannabis Campaigners' Guide News Database result:
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Gambia: Richards Urges Court to Sentence Drug Convict With Appropriate Fine Sidiq Asemota all Africa Friday 27 Aug 2010 Lawyer Moses Richards made this submission yesterday during the hearing of the motion of appeal filed on behalf of the said Alfredo Picco who was convicted and sentenced to a fine of D5,000,000 (five million dalasis) or in default to serve a term of 15 (fifteen) years imprisonment by acting Principal Magistrate Hilary U. Abeke of the Banjul Magistrates Court on the 9th of July 2010. Alfredo Picco was found in possession of 2 grams, 840 milligrams of Cannabis Sativa, a prohibited drug on the 1st of July 2010 at the Police Check Point in Brufut-Ghana Town in Western Region and sentenced accordingly after pleading guilty to the charge. The appellant dissatisfied with the said sentence filed an appeal on the grounds that the sentence imposed by the trial magistrate is excessive and unreasonable and cannot be supported by law, having regards to the evidence adduced before the said court. The appellant contended that the sentence imposed by the trial magistrate is erroneous, perverse and a travesty of justice in certain material particulars, noting that the sentence was based on findings which were not based or supported by the recorded evidence. Lawyer Richards contended that all indications from the evidence before the court, there is no nexus between the accused personÂ's act and The GambiaÂ's zero tolerance to hard drugs. Lawyer Richards further contended that the accused person was not engaged in anyway with drug peddling, but had in his possession a small quantity of 2 grams, 840 milligrams for smoking purposes. Lawyer Richards disclosed that the appellant suffers from acute depression and because he has stayed long in the country, he resulted to taking small quantity of cannabis whenever his depressive state of mind occurs. Richards pointed out that from time immemorial, it has been scientifically proven that cannabis sativa veisin has medicinal value and it is used quite commonly by patients who suffer from depression. Lawyer Richards contended that contrary to the considered opinion of the trial court, the accused person is not one among an influx of tourists into the holy city of The Gambia who come here to tarnish the good image of this great country. He further contended that contrary to the considered opinion of the court, the accused personÂ's conduct was not deliberately unwarranted. Lawyer Richards advanced that the sentence imposed by the trial court is disproportionate and unreasonable and as a result, the court failed to comply with the provisions in Section 35 (1) (a) of the Drug Control Act 2003, under which the appellant was charged for possession of prohibited drug. Richards submitted that the magistrate failed to consider the accused persons guilty plea which was taken with sufficient remorse and repentance as exhibited in his plea of mitigation and which saved the courtÂ's time and the state expenses. Lawyer Richards cited the case of one Nyabally VS the state delivered in 1997 a Gambia Court of AppealÂ's decision, reported in The Gambia Law Report Page 67 and 68 on first time offenders and the proper sentence appropriate for them. Richard argued that it is a trite law based on the principle of equality and treatment that the appellate court should interfere with sentence in order to implement the principle that sentence should be proportionate to guilt and that they should also be proportionate to one another. Richards referred the court to a recent edition of The Point Newspaper, in which the said lower court sentenced a convict who was in possession of 840 grams of cannabis to a suspended sentence and bound to keep the peace. Lawyer Richards then asked the court where is the principle of equality and treatment and proportionality of sentence. Â"Even if the sentence was meant to be an exemplary sentence, it should not exceed what was merited by the offence committed,Â" he said and argued that the guilt of a man who happens to commit a crime, when that particular crime is on the increase is not greater than that of another man who commits the same crime when it is on the wane. Richards pointed out that the court must be generally unwilling to increase a sentence beyond what it deserves simply to protect the public from the particular offender. Lawyer Richards advanced that the sentence imposed by the Banjul Magistrates Court was harsh, excessive and disproportionate having regard to the facts, the law and the circumstances of the case and he therefore urged the High Court to set aside the sentence imposed by the Banjul Magistrates Court and/or the said sentence imposed by the said court be substituted by a fine appropriate to the charge. He reminded the court that the appellant has complied with section 274 of the CPC which requires that such appeals should be entered within 30 days of such sentence pursuant to section 279 (2) (III) of the CPC, noting that the court is empowered to grant the relief sought. In his reply, state counsel, Buba Bojang countered that cannabis sativa is a prohibited drug in the country by law (Drug Control Act 2003) and even if the use of the said drug is allowed, it must be prescribed by a medical doctor. He said the appellant was charged under Section 35(I) (a) and the sentence for the said offence is a fine of not less than D250,000 or imprisonment of not less than 3 (three) years. Lawyer Bojang pointed out that for an accused person to be charged for the offence of trafficking, the quantity must exceed 2 kilograms, but the appellant quantity was 2 grams, 840 milligrams and noted that the sentence of the lower court was not reasonable. Lawyer Bojang then urged the court to use its powers under section 279 Sub-Section 2 and 3 of the CPC to sentence the appellant in accordance with the law. The case was adjourned for judgement by the presiding judge, Justice Emmanuel Amadi. http://allafrica.com/stories/201008270855.html
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