Lawyer Grant Connell and Chief Magistrate Rechanne Browne earlier today expressed differing views on the matter of whether the selling of ganja at a sports meet last Friday was an aggravating feature.
The opposing views came as Connell gave mitigating factors on behalf of his client Collin Marshall who appeared before the Serious Offences Court and pleaded guilty to a charge of possession of 23 grammes of cannabis with intent to supply to another.
Marshall was arrested at the Victoria Park last Friday afternoon when a police officer found him with a number of small zip-locked bags containing cannabis intended for sale.
The court heard that the JP Eustace Secondary School and the Intermediate High School were having a joint athletics meet at the Victoria Park in the evening. At about 4:25 pm Police constable 673 Lowe was on duty at the entrance to the park requested a search and Marshall consented. When the drug was found and Marshall was cautioned, he stated: “Officer, is a small hustle ah making to go Tree House Later ” .
Connell, addressing the court on the matter, said his 26-year-old client was remorseful and had no previous conviction. He said his client went to secondary school and to the St Vincent and the Grenadines Community College and was unemployed.
Connell said he did not want the court to view the sale of the cannabis at the schools’ sports as an aggravating feature because school sports are now being held at night time and in a block-o style atmosphere where there are much partying.
Connell said it was not a school sporting event where the students were required to wear their uniform. He likened it to the much-criticized conduct at the Inter-school sports meet which in recent years has been followed by what is known as After-sports Party or After-sports Dance. He noted that he no longer attends the Inter-school athletics meet because of the conduct of students.
State prosecutor Karim Nelson opposed Connell’s view on the matter of whether the sale of a controlled drug was an aggravating feature.
Nelson said that while he was not advocating that Marshall be sent to prison on the charge, he did not agree with Connell’s view. He noted that the drugs was packaged for sale at an event involving school children. He said that must be an aggravating feature.
Chief Magistrate Browne agreed with Nelson that the aggravating feature was that school children were at the school sports.
Chief Magistrate Browne asked how could it not be an aggravating feature “to prey on our school children who were there to engage in extra-curricular activities.”
“So, who was your target market the parents and guardians?” the Chief Magistrate asked Marshall.
The Chief Magistrate noted that while the quantity of the drug might be miniscule, the intent to sell at the school sports was aggravating.
Chief Magistrate Browne stressed that while she did not think a custodial sentence was appropriate in the circumstances it was very much an aggravating situation.
Marshall was fined $200.00 forthwith. In default he faced one (1) month in prison.
When the court adjourned, Marshall was still waiting to have his fine paid.
