Prisoner gets sentence slashed by Court of Appeal
A man who allowed his Sandys home to be used for drug-taking got his sentence slashed from one year to six months on appeal.
Defence lawyer Saul Froomkin QC argued that the term meted out to Kenith Bulford in January was "ridiculously excessive."
Bulford, 36, was found guilty by Acting Magistrate Graveney Bannister of committing the offence at the home he shares with his cousin Macray Bulford, in Beacon Hill.
Mr. Bannister heard that the premises were raided by the Police on October 30, 2008. Kenith Bulford was not home during the search, which spanned the period 2 p.m. to 9. pm. His cousin Macray, 37, was at home, and was allegedly caught flushing crack cocaine down the toilet.
The Police also found ashtrays and scissors with traces of cannabis on them and partially-smoked cannabis cigarettes in the kitchen and living room. They broke down Kenith Bulford's locked bedroom door and found five large pieces of PVC piping under his bed with traces of cocaine on them.
Narcotics expert Detective Constable Trevor White told the trial that such pipes are used by those in the drug trade to hide and store illegal drugs underground or underwater.
Police also seized a number of items from a locked safe in Kenith Bulford's room, including diamonds, jewellery, US and Bermudian cash and two gold bars. The total value of the items was said to be $57,450 by prosecutors.
Bulford said the cash was the profits of his Crown and Anchor gaming business. He is currently suing the Police to get the contents of the safe returned to him.
He denied a charge of knowingly permitting his home to be used for drug-taking. He also denied a further charge of possessing equipment for the misuse of drugs.
Mr. Bannister convicted him of the first charge, and defence lawyer Saul Froomkin appealed that conviction at the Supreme Court. However, Chief Justice Richard Ground upheld it, saying there was sufficient evidence to prove his guilt.
Mr. Bannister cleared Bulford of the drug equipment charge. That decision was appealed by prosecutor Cindy Clarke at Supreme Court, but the Chief Justice upheld the decision of the Magistrate. He said the pipes were not equipment as defined in the law, which says equipment is used for taking drugs. Mr. Justice Ground said the pipes might be used for concealing drugs, but not for taking them.
However, he agreed with defence lawyer Mr. Froomkin that Bulford's one-year sentence was too long. Mr. Froomkin complained that it was excessive in comparison with other cases. He pointed out that Bulford has not been convicted of a crime since 1994. Mr. Froomkin also noted that the prosecutor only suggested a "short sharp shock" of six weeks to six months, and the Magistrate did not give any reason for imposing a lengthier sentence.
The Chief Justice agreed that six months was "the right target to aim for" because Bulford was only charged with allowing his premises to be used for drugs not the more serious charges of producing or supplying drugs.
"He was convicted of allowing the (drug) taking by somebody else in the premises and that's why I think the six months was right," he said as he cut the sentence in half.
Bulford has been in jail since January 6 and Mr. Froomkin indicated he would apply for immediate parole, since that can be granted before the full six sentence is served.
Macray Bulford has a trial slated for July on charges of possessing drugs with intent to supply.
