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Bermuda: Suspended sentence for 'full scale cannabis operation'

Mikaela Ian Pearman

Bermuda Sun

Tuesday 13 Mar 2012

A Smith’s man who admitted cultivating cannabis in his home was today given a suspended jail sentence.

David Cunningham, 39, pleaded guilty at an earlier hearing to growing the plants on April 27.

Crown counsel Nicole Smith told the court at 9:20am on that day, officers executed a search warrant at Cunningham’s Knapton Close home.

His father answered the door and told officers he wasn’t there.

"They showed the defendant's father a copy of the search warrant and explained it to him.

"Officers asked the defendant's father to show them the areas occupied by his son.

"He directed them to the defendant's bedroom, the garage, and a music studio located beneath the main house."

Ms Smith continued: "Officers searched the defendant's music studio and discovered a hidden door built into a sound proofed wall.

"Behind that door were three doors.

"Officers opened the largest of the three doors and found four pots containing plants, each contained a brown pebble substance.

"Each pot was sustained with an individual irrigation system.

"They also observed a heat lamp and fans above the plants along with various other items."

The four pots were seized and taken to the government analyst.

Cunningham was charged for the offence in August.

Addressing the court before sentencing, Ms Smith said: "This defendant had a full scale operation for the cultivation of cannabis complete with a room within a room."

Cunningham's lawyer Charles Richardson said his client never intended to sell the drug and grew it for personal use.

"He comes before you as a man of excellent character.

"He was raised well with a good family."

Cunningham said: "First I do apologise for wasting your time and the court's time.

"It's been very exhaustive and embarrassing for my family.

"It was a selfish act for self-indulgence."

He continued: "At an early age, I got involved with reggae deeply and it's followed me up to now.

"I just want to hurry up and get this behind me and move on."

Sentencing him, Magistrate Khamisi Tokunbo said: "The offence of cultivation is a serious one.

"The seriousness has been reflected in the penalty that has been assigned by the legislature."

Mr Tokunbo said the offence attracts as immediate custodial sentence, but due to certain factors such as Cunningham's previous good character and remorseful attitude, he wasn’t given an immediate custodial sentence.

Cunningham received nine months imprisonment suspended for 18 months and 18 months probation.

He must abstain from illegal drugs, submit to random drug tests and participate in any other programmes deemed necessary.

Mr Tokunbo warned him if he breaches his probation or commits another offence, the suspended sentence could be activated.

http://bermudasun.bm/main.asp?SectionID=24&SubSectionID=270&ArticleID=57349

 

 

 

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