Highlighting the devastating impact of illegal drugs on society, a prosecutor on Tuesday urged the court to impose deterrent sentences for drug-related offences.
Speaking in Supreme Court No. 4A on Tuesday, Principal State Counsel Joyann Catwell insisted harsh penalties were needed to discourage drug trafficking.
“We need to pay serious attention to drugs and the proliferation of drug use in our society,” said Catwell.
“The consequences of illicit drug use are widespread and may cause permanent physical, psychological and emotional damage to users. The State entreats this honourable court to impose sentences that discourage the scourge and proliferation of drugs within this society.”
Her comments came as she submitted to Madam Justice Wanda Blair that Toney O’Neal Haynes pay a $75 000 fine or receive a 12-year starting sentence for importing over 200 pounds of marijuana into the island.
Haynes, a resident of St Lawrence, Christ Church, had admitted that on July 12, 2020, within the territorial waters of Barbados, he unlawfully possessed, trafficked and imported 207.57 pounds of cannabis.
The drugs were discovered after the Barbados Coast Guard intercepted the boat that Haynes and another man were in, ten nautical miles off Archers Bay, St Lucy.
Catwell, who prosecuted the matter with State Counsel Eleazar Williams, told the court that the aggravating factors in the case included the large quantity of marijuana, the concealment of the drugs, the attempts to avoid detection, the fact the drugs were to be used for illegal profit, and the prevalence of such offences in the island.
Recommending a 12-year starting point for the offences, the prosecutor said that Haynes’ 17 previous convictions – one of which was for drug possession – should be viewed as aggravating, while his early guilty plea and remorse were mitigating factors to be considered by the court. She submitted that a one-year deduction be given along with discounts for his guilty plea and time on remand.
The prosecutor said that if Haynes was, alternately, ordered to pay a $75 000 fine, it should be due in “a short period of time”.
“The penalty imposed should serve as a deterrent to others who are tempted by the fast money,” Catwell added.
In his submissions, defence attorney Arthur Holder SC urged the court to consider that there was no use of violence in committing the offence, his client’s current age of 61, his acceptance of responsibility, and his remorse.
“He indicated that the situation arose during a period in his life characterised by financial difficulties caused by the pandemic. Upon reflection, he stated that he recognised that he should have pursued more appropriate solutions,” Holder stated, submitting that an eight-year starting point was appropriate in the circumstances.
With the relevant deductions made, including for his early guilty plea, Holder stated that once Haynes was credited for the four and a half years he had spent on remand, his sentence should be deemed as time served.
Haynes will be sentenced on February 3.
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