Drug sentencing delayed

Friday 31 August 2018

A woman who needs to use a wheelchair has had her sentencing delayed for importing a quantity of cannabidiol derivative into the island, which she said was to use for pain relief.

Christine Smith pleaded guilty earlier this year, but during her sentencing hearing in the Royal Court yesterday questions arose over its composition.

Judge Graeme McKerrell addressed the prosecution following a Jurat question as to whether the product had been analysed for CBD. He stated that the report presented by the States analyst had not answered the question and that it was important the charge was correct before proceeding.

Smith had pleaded guilty to the charge against her at a previous hearing.

Smith said she had attempted to import the product for her own 'medicinal' use as she was suffering from primary progressive multiple scelroris.

The public gallery was full with family and friends supporting Smith, who the court heard had found the court process quite an ordeal due to her poor health.

Addressing the prosecution, who would have compiled the charge sheet following the report, Judge McKerrell said that it was important any charge was correct before sentencing and whether or not the product as analysed is a class A drug was important. He further stated that there were different classes outlined in the schedule depending on the composition of the cannabidiol derivative. 

The court heard that classifications were different depending on the ingredients such as presence of CBT, tetrahydrocannabinol, pure cannabis or cannabis resin.

The prosecution stated that they had to go with the report prepared by the States analyst and in that respect they would pursue the prosecution with the drug classified as class A.

Judge McKerrell said that he was confident the States analyst was usually meticulous in his classification but as the question had been raised by the Jurat he asked if the prosecution would be able to contact the States analyst to at least ask the question as to whether CBT was present as if it was the product could possibly be classed as a B status drug and there was a significant difference in sentencing.

The court adjourned for half an hour to see if the questions arising could be answered quickly to avoid a delay in sentencing.

When the court reconvened the prosecution outlined that they had spoken to Roland Archer, the States analyst and that two issues had arisen from that conversation and that in order to ensure the case proceeded properly he was going to ask for an adjournment in order to satisfy fully the questions asked.

Advocate Steele who was representing Smith stated that he would have to agree to the adjournment as if it meant a reclassification then it may well benefit his client. He did however emphasise that he was disappointed in the delay and that his client had found her previous visits to court stressful. It was agreed that Smith would not have to attend the next hearing and would only return for sentencing.

In summing up Judge McKerrell said that he wanted to make it clear that nobody was responsible for the delay and that the States analyst did a thorough job. He iterated that the delay was due to a technical issue arriving in this complicated science.