Brown v R 1993 Criminal Appeal No. 10

• Jurisdiction: Bermuda
• Judgment Date: 19 November 1993
• Date: 19 November 1993
• Docket Number: Criminal Appeal No. 10 of 1993
• Court: Court of Appeal (Bermuda)

In the Court of Appeal for Bermuda

Roberts, P.

da Costa, J.A.

Henry, J.A.

Criminal Appeal No. 10 of 1993

Michael Wayne Brown

Appellant

and

The Queen

Respondent

P. J. Perinchief (Philip J. Perinchief Assoc.) for the Appellant

Ms. Sharon Kenny (Attorney-General's Chambers) for the Respondent

R v RabbittUNK (1931) 23 Cr App R 112

R v CainUNK (1936) 25 Cr App R 204

R v Huluse & PurvisUNK (1973) 58 Cr App R 378

R v Richards 1991 Criminal Appeal No. 4

R v Ward and Wilson 1988 Criminal Appeal No. 18

Possession of cocaine with intent to supply — Possession of drug equipment — Appeal against conviction and sentence of 14 years — Cocaine worth $13,500–$15,300 (3 ounces)

JUDGMENT

Roberts. P.

At the conclusion of the hearing, we announced that we would dismiss the appeal against conviction, give leave to appeal against sentence, quash the sentences passed by the judge, and give our reasons later, which we now do.

The defendant was convicted on 15/4/93, after trial by a judge and jury, on the first of the following two counts. He pleaded guilty to the second, after he had already pleaded not guilty before the jury.

• 1. Possession of a controlled drug intended for supply, contrary to Sections 5(1) and 6(3) of the Misuse of Drugs Act, 1972.

Particulars of Offence

Michael Wayne Brown, on 29th October, 1991. in the Islands of Bermuda, did have in his possession the controlled drug cocaine, intended by him or another person for supply to another.

• 2. Possession of Drug Equipment contrary to Section 9 of the Misuse of Drugs Act.

Particulars of Offence

Michael Wayne Brown, on the 29th October, 1991 in the Islands of Bermuda, did have in his possession bag ties and pieces of plastic, equipment fit and intended for use in connection with the misuse of a controlled drug or the preparation of any such drug for misuse.

The defendant, by his Notice of Appeal, dated 6th May, 1993 seeks to quash the conviction on Count 1 and the sentences imposed on Counts 1 and 2.

He was sentenced to fourteen years imprisonment on Count 1 and to five years on Count 2. The sentences were to be concurrent. The time spent in custody by the defendant had already been taken into account by the judge when he imposed these sentences.

Prosecution Case

Dr. Young, the government analyst, examined the white powder found in the twist and in the packet. He found that each contained cocaine, a controlled drug, amounting to 0.70 grams and 78.0 grams, a total of just under 3 ounces in all.

The defendant is said to have attempted to dispose of 108 packages of cocaine. If this is accepted, there was evidence on which the jury could find, as they did, that the cocaine was intended for supply.

D.C. Richardson testified that, at 17.15 on 29/10/91, he saw a group of men on King Street, Middletown. He and P.C. Burgess approached the defendant, who had his back turned to them.

When somebody shouted ‘the man’, the defendant dropped one small package (‘the twist’) and threw away a plastic bag (‘the bag’).

When P.C. Richardson approached him, the defendant handed him a piece of foil containing $6,000 in notes. The defendant was arrested and put in the police car. while P.C. Richardson retrieved the twist and the bag.

P.C. Richardson searched the defendant and found a further $1.510 in cash in his pockets.

P.C. Burgess corroborated the evidence of P.C. Richardson. He saw the defendant drop...