Suspended sentence given as public protest drug laws

Friday 19 October 2018

A disabled woman who imported a cannabinoid derivative for pain relief has been given a suspended prison sentence by Guernsey's Royal Court.

Christine Smith, 65, who suffers from primary progressive multiple sclerosis was sentenced today, after previously admitting importing the substance which tests confirmed was a Class A drug under Guernsey's laws.

Smith's condition leaves her with chronic pain and fatigue, and needing to use a wheelchair. She has already suffered through needing to attend court a total of five times, something which leaves her bed ridden with fatigue each time, the court heard.

Smith arrived at court this afternoon, with a crowd of supporters gathered outside the court and in the public gallery, protesting against the law which meant she was facing a prison sentence. They were both supporters of her, and medicinal cannabis, although the specific cannabis derivative Smith was sentenced for importing is not currently on the table for legalisation in the island. 

After around an hour deliberating, Judge Graeme McKerrell handed down a two year prison sentence, suspended for two years, meaning Smith was free to leave the court this afternoon.

Pictured: Judge Graeme McKerrell.

Smith's defence advocate, Sam Steele, told the court she had not known the substance was class A when she agreed to have it sent to her - she actually thought it was class C - but did acknowledge she knew it was illegal. 

The syringe filled with "delta tetra hydra cannabinol" was seized by Customs Officers at Guernsey Post HQ, when they marked the parcel addressed to Smith for inspection. Inside, they found said syringe taped inside of a cardboard tube.

In total, there was 5.01g of the substance inside. 

Smith was arrested on the 27 March at her flat in assisted living accommodation, following the find, and fully cooperated with the police investigation from the start. 

While the court heard there was no exact street value for the specific substance Smith was importing, it was compared to a similar case in Nottinghamshire, where 5g would have been worth £200. It was also deemed, following sentencing guidelines for class A drugs, that the amount was too much to just be treated as a small amount for personal use.

But Judge McKerrell gave Smith credit her full and frank cooperation with the investigation, and also her very early guilty plea to the charges. While the court's starting point was a seven year sentence, when mitigation was taken into account, it was reduced to two years, suspended. 

"This should not offer comfort to others who are going to be tempted to break the law," he said.

Pictured: A peaceful protest took place outside of the Court before the hearing, but Smith's advocate said she was not going to the court to protest what she had done, and accepted her actions.

While many supporters of both Smith and medicinal cannabis had gathered ahead of the hearing, during her mitigation, Advocate Steele said Smith knew what she had done was against the law, and regretted it sincerely. 

"There is a view, from the protestors outside, that we shouldn't be here today," Advocate Steele said to the court.

"That is not a view I am instructed to persuade you on. Mrs Smith has come to court accepting responsibility for her actions. At no point did Mrs Smith refer to her condition as an excuse for her behaviour, and she accepts there there are others who cope without. She has come to court to accept her punishment." 

When people appear before the Royal Court on indictments of importing class A drugs, the usual guidelines mean a seven year prison sentence is the minimum punishment. Life is the maximum.

Pictured: Christine Smith arriving at court to be sentenced.