Man To Be Deported After Being Found Guilty Of Overstaying, Ganja & Traffic Offences
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By Alric Lindsay
Delainio Donavan Madden appeared in the Summary Court today, December 17, 2024, to be sentenced for overstaying, wounding, careless driving, leaving the scene of an accident, possession of ganja, consumption of ganja, failing to surrender to custody, driving without being qualified and driving without insurance. After considering the offences, the Chief Magistrate ordered that his sentence be completed by the time he had already served in custody and that he be deported at noon on December 18, 2024.
Ganja offences
Regarding the ganja offices, the Summary Court heard from Crown Counsel Kenneth Ferguson that officers were on patrol on Yacht Drive when they observed a vehicle parked along the roadway. When the officers checked the car, they noticed Madden asleep.
Upon gaining Madden’s attention by knocking on the window, Madden lowered the window. At that time, officers smelled a strong scent of ganja. Madden was cautioned and arrested.
When the vehicle was searched, officers found a glass bottle containing 3.21 ounces of ganja.
It is understood that a urine analysis was performed, and it was confirmed that drugs were in his system.
When interviewed, Madden explained that another person had driven him to Yacht Drive. Madden reportedly fell asleep in the car while waiting for his friend.
Traffic offences
Concerning the traffic offences, Crown Counsel noted that the police responded to a single motor vehicle collision near Hirst Road and Shamrock Road. Reportedly, Madden later admitted he was driving the car and left the scene. He was charged with careless driving and leaving the scene of an accident.
Overstaying
Regarding the overstaying charge, it was highlighted in the Summary Court that immigration authorities have been investigating Madden’s status since November 2021, when a warning was reportedly issued to his employer. This appears to have amounted to over two years of overstaying to date.
Sentencing
Pleading on Madden’s behalf, defence attorney Greg Walcom asked the Summary Court to consider awarding a maximum reduction in his sentence for his early guilty plea.
Walcom urged that the Summary Court also consider the time spent in custody by Madden to date when deciding on the sentence.
After hearing from Crown Counsel and the defence, the Chief Magistrate issued a sentence as follows:
- Overstaying: Due to the exceptional circumstances, there was no reason to extend Madden’s time in the Cayman Islands via a heavier sentence. Therefore, time in custody is the sentence.
- Careless driving: No additional sentence imposed.
- Leaving the scene: One month
- Possession of cannabis: 21 days
- Consumption of cannabis: 7 days
- Failing to surrender to custody: 1 month
All of the above time, some of which is to run concurrently, is to be accounted for by the time Madden spent in custody.
Lastly, the Chief Magistrate made a deportation order for Madden’s overstaying. He will be released to Customs & Border Control officers on December 18 and flown out of the jurisdiction at midday. Concerning this, the Chief Magistrate noted that it would be up to immigration officials whether Madden would ever be allowed to come to the Cayman Islands.
