Visitor has his drugs sentence overturned
week after spending eight days in the Westgate Correctional Facility.
Chris Sinacola was arrested on May 15 at the Bermuda International Airport and was later sentenced to three months imprisonment for importing 21 grams of cannabis.
Mr. Sinacola appeared in Supreme Court with his lawyer Richard Horseman who said he was unable to find a single case where a defendant was jailed for importing cannabis as a first time offence -- except for the recent case of Brent Glass whose sentence was overturned.
Acting Chief Justice Norma Wade-Miller ruled the sentence was wrong in principle and a fine would be the appropriate way to dispose of the matter because the defendant had no previous convictions and the drug was cannabis and intended for personal use.
Mrs. Justice Wade-Miller quashed the sentence of imprisonment and replaced it with a fine of $1,000 after taking into account the time Sinacola had spent in custody.
Mr. Horseman said his client was obviously relieved at the outcome of the appeal as it had been a traumatic ordeal for him and he was glad to be able to return home.
SPENT THE WEEKEND IN JAIL CTS Spent the weekend in jail A Pembroke man charged with drug and breaking and entering offences was in a hurry to have all his matters dealt with in Magistrates' Court last week but was sent to jail for the weekend.
Albert Eugene Allen, 34, of Parson's Road pleaded guilty to possession of cocaine, possession of an instrument intended to be used for breaking and entering and breaking and entering the home of Ivan Tucker.
Allen previously pleaded not guilty to all the charges but then changed his plea.
When Senior Magistrate Archibald Warner said the matters were going to be adjourned until today, as he did not have all the court papers before him, Allen became irate.
He said: "You don't need all the papers. I pleaded guilty. All you got to do now is sentence me.'' Mr. Warner informed Allen that there were procedures he must follow and he could not proceed without all the papers before him.
Allen was ordered to be held in custody until today when he would appear in court.
FINED FOR POSSESSING WEED CTS Fined for possessing weed A Pembroke Parish man last week pleaded guilty in Magistrates' Court to being drunk and incapable and possession of cannabis.
Senior Magistrate Archibald Warner fined Eura Kyan Ible $300 for possession of cannabis and gave him a 12-month conditional discharge for being drunk and incapable.
The court heard that Police officers found the 29-year-old Crow Lane resident lying in Fagan's Alley and tried to get him to his feet but he kept falling over.
He was taken to the Hamilton Police Station and searched. The officers found a brown paper twist containing plant like material in his pocket.
The material was later found to be 0.9 grams of cannabis.
Ible told the court: "It's my fault. I apologise to the court for being in that state.'' Mr. Warner told him that if he wanted to get drunk and fall down then he should do it at home.
JAILED FOR STEALING COINS CTS Jailed for stealing coins A 38-year-old man pleaded guilty last week to stealing $20 in coins out of a car parked on Union Street.
Steven Gregory Mills, of no fixed abode, was sentenced to three months in jail and had a three month suspended sentence activated also.
Magistrates' Court heard that the owner of the car left it parked on Union Street but did not lock the passenger side door.
Mills was seen entering the car to take the money by two witnesses who called Police.
He told the court that he had been an out patient of St. Brendan's Hospital for the past several years.
He added that if he was fined, the hospital said they would pay it for him and that this was his first theft offence.
He told the court that he took the coins because he needed money for a drink and cigarettes.
Senior Magistrate Archibald Warner then read out a few of Mills' previous convictions for theft.
"You're not as crazy as you would have everyone believe,'' said Mr. Warner.
