By Alric Lindsay
Christopher Eric Dufour appeared in the Summary Court today, December 18, 2024, to be sentenced for cultivating ganja, possession of ganja with intent to supply and possession of a utensil used in the consumption of ganja. According to the prosecution, about 20 mature ganja plants and 31 seedlings were found in Dufour’s home. He now awaits sentencing on Friday, December 20, 2024.
Background
According to the prosecution, officers from the Royal Cayman Islands Police Service executed a search at Dufour’s home on January 13, 2024.
When asked if anything was illegal in the house, Dufour allegedly said, “When you go in there, you’ll find out.”
Upon completion of a search, officers initially found three bags with ganja buds inside them. A further search revealed that his two bedrooms were converted into cannabis greenhouses, fitted with high-output LED lights, fans and an air filtration system.
Regarding the master bedroom, the prosecution said that it had an air circulation system with a humidifier fed from water from the outside of the house. The room was fitted with an air-conditioned quality detection system, including multiple hydrometers, a carbon dioxide cylinder and LED lights.
In the closet, there were nine plastic containers containing harvested ganja, two mason jars filled with ganja and a bag of soil.
Overall, police found 20 mature ganja plants in buckets filled with soil and 31 seedlings.
Further, police recovered $9,076 divided into US dollars and Cayman dollars.
Dufour was arrested on suspicion of cultivating ganja and possession of ganja with intent to supply it.
When interviewed, Dufour admitted to cultivating and supplying the ganja.
Dufour explained that he had been doing this for about two years to avoid losing his house.
Sentencing
Concerning sentencing considerations today, the prosecution noted that the Misuse of Drugs Act prescribes a maximum sentence for both offences as a fine of $20,000 or imprisonment for seven years.
The prosecution highlighted that there were no specific sentencing guidelines in the Cayman Islands.
In the circumstances, the prosecution invited the Summary Court to consider a sentencing range for Dufour’s charges between 18 months and 2 years of custody. However, the prosecution suggested that more time be added because Dufour not only possessed ganja with intent to supply but cultivated significant quantities for onward supply.
On a lighter note, the prosecution noted that Dufour should get credit for his good character and entering a guilty plea at the earliest opportunity.
Regarding what should happen with the ganja, the prosecution noted its interest in having the ganja forfeited and destroyed.
Additionally, the prosecution suggested that Dufour pay the RCIPS costs of $8,151.50 for forensic testing during the investigation.
Notwithstanding that the prosecution provided a summary of the facts and made recommendations for the Summary Court to consider, the Chief Magistrate noted that the prosecution did not provide several cases that draw distinctions between sentences for cannabis cultivation like the defence counsel had done. In the circumstances, the defence counsel loaned his list of cases to the prosecution to read.
After giving the prosecution time to read the list of cases shared by the defence counsel, the prosecution maintained that the only relevant case was R v Williams, described as a Grand Court judgment. The prosecution suggested that the other cases noted by the defence counsel were judgments from a lower court and the Grand Court judgment should be followed.
Defence counsel responded, indicating that ganja cultivation was not an offence the courts saw frequently. Local sentences should be considered first, followed by UK sentencing guidelines in these circumstances.
Concerning local sentences, the defence summarized these as follows:
- Michael Ramos: This case involved 42 ganja plants growing at home. Reportedly, Ramos pleaded guilty and received a sentence of six months imprisonment, suspended for two years in 2018.
- Elvis McKeever: This was a 2019 case where McKeever pleaded guilty to growing 48 plus at home and received a sentence of one-year probation and 50 hours of community service.
By setting out these cases, the defence counsel impliedly invited the Summary Court to lay down a sentence consistent with the above, i.e. probation and/or a suspended sentence. This was notwithstanding the fact that there was an existing judgment in a higher court that the prosecution invited the Summary Court to consider in Dufour’s case.
The defence counsel also queried how the prosecution calculated the forensic testing costs of $8,151. According to the defence counsel, he reviewed the 30 drug certificates and came up with a total of $4,258.75. The defence counsel, therefore, queried whether the prosecution had drug certificates, which it hadn’t disclosed, that would justify asking Dufour to pay $8,151.
Judge’s decision
After hearing from the prosecution and defence, the Chief Magistrate stated that her sentencing judgment would be reserved until Friday, December 20, 2024, at 9:30 am. At that time, Dufour will learn his fate.
