Man on ganja-possession charge handed suspended sentence

WESTERN BUREAU:A St Ann man, who was caught with 13 pounds of ganja in a knapsack, was given a two-year suspended prison sentence when he appeared in the Montego Bay Resident Magistrate's Court last week.

Forty-five-year-old Herman Duffus of Ocho Rios was sentenced to a total fine of $56,600 for possession of and dealing in ganja. He was also given two years' suspended prison sentence.

The court was told that, in April 2012, Duffus was travelling in a car which was pulled over in a routine police spot check. During a search of Duffus' knapsack, the contraband was found. When he was quizzed by the police, Duffus said he was trying to make some money.

In court, Duffus' lawyer, Clive Mullings, pointed out that his client was not a threat to society and that he had attended every previous court sitting.

"He (Duffus) is selling drinks now, and he has come to court on every occasion," said Mullings. "He does not represent a threat to others … . He is not a person who is unwilling and unable to contribute to society."

However, Resident Magistrate Sandria Wong-Small argued that Duffus had an intention to distribute the ganja, shooting down the recommendation in the defendant's social-enquiry report that he be given community service.

"The intention was there and I do not believe community service applies to persons who sell ganja," said RM Wong-Small. "There is a clear indication from the report that Mr Duffus has been doing this for a while and that this is what he does. He has to understand very clearly that what he is doing is wrong."

Eventually, Duffus was sentenced to pay a fine of $15,000 or spend three months in prison for possession of ganja, and $41,600 or three months for dealing in ganja, in addition to the suspended prison term.

"Consider that your Christmas gift and use it well," RM Wong-Small warned Duffus as she handed down the suspended sentence.