Sanker v Burns

• Jurisdiction: Belize
• Court: Supreme Court (Belize)
• Judge: Barrington-Jones, J.
• Judgment Date: 03 March 1980
• Docket Number: Appeal No. 7 of 1978
• Date: 03 March 1980

Supreme Court

Barrington-Jones, J.

Appeal No. 7 of 1978

Sanker

and

Burns

Mr. G. Godfrey for the appellant

Mr. Elrington for the respondent

Criminal law - Sentence — Cultivation of Indian hemp — Fine of $800 substituted for sentence of six months and $500.

Barrington-Jones, J.

1 The appellant pleaded guilty on the 18th March, 1977 to the cultivation of Indian hemp contrary to section 5(a) of the Dangerous Drugs Ordinance before the magistrate at Orange Walk and was sentenced to six months hard labour and to a fine of $500 in default 6 months hard labour.

2 A notice of appeal against sentence was filed on the 21st March, 1977, and this case first came before me on the 28th February, 1980, nearly two years after the appellant's conviction.

3 It is common ground that 7 plants (5 plants of which proved to be Indian hemp) were found in the yard of the appellant's property, which the appellant admitted having transplanted from a tomato bed.

4 Mr. Godfrey (for the appellant) submitted that the sentence was excessive and referred to the small number of plants found. He also drew the court's attention to the fact that...