By Alric Lindsay
21-year-old Lloyd Nathaniel Barnett appeared in the Summary Court today, December 2, 2024, to face charges of ganja and cocaine possession. He was sentenced to 6 months in prison, which was suspended for two years.
Background
Concerning the background of the matter, DPP counsel Angelique McLoughlin explained that on the morning of April 10, 2024, officers of the RCIPS Serious Crime Team attended Barnett’s apartment to execute a search warrant.
During the search, vegetable matter resembling ganja was located in the fridge.
A shoe box containing suspected cocaine was located on the floor of the bedroom.
Reportedly, Barnett accepted responsibility for the ganja but stated the cocaine was for someone else. Allegedly, Barnett said he could not say who the cocaine belonged to because he was afraid to do so.
In the circumstances, Barnett was arrested on suspicion of possession of ganja with the intent to supply and the possession of cocaine.
Subsequently, Barnett pled guilty to possession of ganja and cocaine and failing to provide a specimen of urine.
Sentencing
In Summary Court, DPP counsel McLoughlin explained that she used UK sentencing guidelines to recommend appropriate punishment for Barnett.
Regarding the 60.66 grams of ganja the police found, DPP counsel McLoughlin said the starting point was a maximum of five years of custody with a sentencing range from fine or discharge to 26 weeks of custody.
Concerning the cocaine (less than two ounces found), DPP counsel McLoughlin recommended 15 years of custody.
Responding to the sentence recommendations made by DPP counsel, defence counsel Jonathon Hughes noted that both charges were that of “possession” under section 16(4) of the Misuse Drugs Act rather than “importation.” This provides for a maximum sentence of 7 years.
Hughes also emphasized that Barnett was only 21 -years old and experienced significant misfortune and troubles at an early age, including being the victim of a catastrophic accident involving a jet ski explosion.
After hearing from both sides, Magistrate Macfarlane highlighted that while one aim of sentencing was to deter other offenders, the Court also had to consider Barnett’s personal circumstances.
Magistrate Macfarlane, therefore, noted that the appropriate starting point for sentencing is nine months of custody.
Magistrate Macfarlane reduced this by one-third, leaving an overall custodial sentence of six months.
However, Magistrate Macfarlane noted that the Court would give Barnett another opportunity. Accordingly, she suspended Barnett’s sentence for two years.
Barnett is also subject to the following probation conditions:
1. Barnett must maintain contact with his assigned probation officer, including notifying the officer of a telephone number or address change.
2. Barnett must continue to be drug tested on a random basis.
3. Barnett must attend the Department of Counselling Services for substance abuse assessment and individual counselling.
4. Barnett must enrol in an educational and skills training program
Lastly, Magistrate MacFarlane ordered that the drugs be forfeited and destroyed.
