The fate of MP?s son and convicted drug smuggler Nelson Coleridge Vernon Bascomehangs in the balance as the Court of Appeal retires to consider a Crown bid to impose a jail sentence.

Bascome, the son of former Health Minister Nelson Bascome, received three years? probation in December for importing marijuana worth more than $11,000. Yesterday Court of Appeal President Edward Zacca questioned why the Crown had not made more of an admission by Bascome to Police that the drugs were his and he planned to sell them wholesale to a friend.

He told Crown Counsel Vinette Graham-Allen the statement had been before the judge via a social inquiry report.

?This was before the judge, he, the judge, says not. It was an important point I felt. To see it could be omitted from the summary...?

Neither had the Crown challenged Bascome?s original lawyer Victoria Pearman when she said the drugs were for his personal use said Mr Justice Zacca who was waiting to hear the Crown admit the omission.

Ms Vinette Graham-Allen said: ?I did admit the omission, I might not have used the words omission.?

At his trial Bascome, 24, of Friswell?s Hill, Pembroke, pleaded guilty to importation, but not guilty to a charge of possession with intent to supply which was ordered to remain on file.

Bascome had arrived at Bermuda International Airport on December 18, 2002 with 226.8 grams of cannabis strapped to his body.

Bascome?s Jamaican Q.C., Frank Phipps said Bascome could be sentenced to life in prison if he blows his probation.

However Court of Appeal judge Austin Ward said: ?In this jurisdiction there are no cases where anyone bringing in half a pound of cannabis is not sentenced immediately.?

Court of Appeal judge Gerald Collett pointed out Bascome, who smoked one cannabis joint a day, did not think he had done anything wrong and reports had said he was in denial.

?If you have someone who genuinely is intending to give up then you can be justified in giving them a chance, if you say ?I intend to repeat this? then I think this is wrong.

?Are you not being somewhat naive, sitting on the bench, by saying I am going to give you a chance to give it up even though you say you won?t??

Then bench retired to consider the case and promised a decision in the next few days.