By Alric Lindsay
35-year-old John Michael Anthony Kelly appeared in the Summary Court today, January 6, 2025, to be sentenced for possession of ganja and consumption of ganja and cocaine. He received 12 months’ probation for these offences. Additionally, he was charged with causing fear or provocation of violence, however, the prosecution offered no evidence on this and Kelly was acquitted.
Background
According to the prosecution, on November 19, 2023, officers executed a search warrant at Kelly’s residence.
During the search, officers uncovered a transparent plastic package containing 10.41 ounces (295.1 grams) of ganja.
Reportedly, Kelly was present during the search and immediately accepted responsibility for the ganja.
Sentencing
Defence counsel Jonathon Hughes argued on Kelly’s behalf that he used the ganja “to cook and to boil for tea.”
Reportedly, Kelly used the tea “to help ease some of the suffering” he experienced following the passing of a relative.
Hughes asked the Summary Court to consider Kelly’s circumstances when delivering the sentence.
Additionally, Hughes relayed to the Summary Court that Kelly is a 35-year-old man with children and is expecting another child. This was another matter for the Summary Court to consider in its discretion.
After hearing from the prosecution and defence counsel, Magistrate Allard acknowledged that when Kelly committed the offences, it was “a very difficult and perhaps traumatic time” in his life.
Concerning Kelly’s decision to possess and consume the ganja, Magistrate Allard warned:
… the method by which you sought apparently to deal with that trauma, those difficulties in your life, hopefully you appreciate now that they are perhaps a different one, legal, acceptable ways of dealing with those kinds of challenges.
It’s not the way to go about it. And you found yourself in trouble as a result of it.
Magistrate Allard added:
… it is sincerely hoped that you will continue to make better choices, if not only for yourself, but certainly newborn and certainly your older children as well.
In the circumstances, Magistrate Allard implemented a 12-month probation order for drug possession charges, each running concurrently. Further, the drugs were ordered to be forfeited and destroyed.
Lastly, Kelly was acquitted of the charge of causing fear or provocation of violence, as the prosecution had no evidence to offer.
Note to readers:
Based on previous court cases, tourists have generally received no convictions for ganja possession or no prison sentence. Today’s result, perhaps, represents a step towards consistency between judgments for tourists versus Caymanians.
Notwithstanding the exercise of discretion by judges in cases like this, the legislature must provide some legislative certainty through amendments to drug laws if voters exercise their votes for the decriminalisation of ganja via a referendum.
