Man to spend Christmas in prison
children after he was sentenced yesterday to six months in prison for importing more than $14,00 worth of cannabis into the Island.
Belboda, 36, of Middle Road Devonshire, arrived on December 4 at the Civil Air Terminal on a flight from the United States. During a customs inspection he appeared nervous and agitated.
Customs officers searched Belboda and found a small plastic bag containing plant material under the sole of his right shoe. A search of his left shoe revealed another plastic bag also with plant material.
Belboda said the drugs were for his own use.
The material was found to be 295 grams (10 oz) of cannabis.
Belboda's lawyer Mr. Wilhelm Bourne told the court that his client was married in September and that he has two children aged 10 and five.
"My client was honest, he gave Police no hassel and he made a full confession. It has been his intention not to waste time. He realises it was a foolish act.
Mr. Bourne added that Belboda was a bellman at a hotel and it was his first time before the court.
But Insp. Peter Duffy prosecuting cited a January 1992 Court of Appeal case where the senior Magistrate had imposed a $5,000 fine and six-month suspended sentence on Jay Tucker. The 21-year-old man had imported 247 grams of cannabis. Former Chief Justice the Hon. James Astwood overturned the sentence.
He ruled that the sentence was "manifestly inadequate,'' and that a period of imprisonment should have been imposed. He then sentenced the man to 12 months in prison.
However, Mr. Bourne argued that the higher court decision should not bind the lower court because the Belboda case was different from the case Mr. Duffy cited.
"There are strong mitigating factors in this case,'' he said. "(In the Tucker case) there is evidence of supply from the defendant's own mouth. He said he was going to give some of the cannabis to friends.
"There is no evidence before the court that my client intended to use these drugs for any other purpose than his own personal use.
"This man is worthy of being given a chance because of the factors I have placed in front of you.'' Magistrate the Wor. Charles-etta Simmons agreed that there was no evidence that the drugs were intended for supply but she argued that the amount of drugs suggested that he was not a novice.
Miss Simmons then sentenced Belboda to six months in prison.
