Log In

Reset Password

Drug dealer's sentence reduced

But Michael Wayne Brown's appeal against convictions for possession of between $13,500 and $15,300 worth of cocaine and possession of drug equipment were quashed.

of Appeal yesterday.

But Michael Wayne Brown's appeal against convictions for possession of between $13,500 and $15,300 worth of cocaine and possession of drug equipment were quashed.

In October 1991, Brown, 31, had been approached by two Police officers in Middle Town and was seen to drop a small bag and throw a large plastic bag into the garden of a private house.

He handed a piece of foil containing $6,000 in notes, a further $1,510 was found in his pockets. The cocaine was found in the packets.

However Police linked the drug to Brown when they found similar bag ties hidden in his house.

After his sentence Brown appealed that there should have been a site visit and that evidence that he had been supplying the drug was wrong.

Court of Appeal President the Hon. Sir Denys Roberts said: "Bag ties were found, hidden in the defendant's house, of the same kind as those used in the twist and the bag which the defendant threw away.

"This was relevant evidence, which the jury was entitled to take into account in deciding whether he had been in possession of cocaine with intent to supply it.'' Brown's complaints about the summing up of then Puisne Judge the Hon. Mr.

Justice Ward were also dismissed by Sir Denys and his Appeal Court colleagues.

However the judges felt that the sentences were not consistent with other similar cases.

Sir Denys said: "The amount of controlled drug found in the possession of the defendant was $13,500 to $15,300. The supply of drugs by the defendant was profitable.

"Although an unemployed man with no apparent source of income, he had notes to the value of $7,510 in his possession.

"The amount of cocaine, which is invariably classified as a hard drug, was considerable. In some countries the death penalty is imposed for possession of less than the quantity found in the possession of the defendant.

"The sentence imposed, however, was excessive by comparison in that given for other offences of a similar nature.

"We therefore gave leave to the defendant to appeal against his sentence, quashed them and substituted 10 years for the 14 years.''