(CMR) During a sentencing hearing on Monday afternoon, the Summary Court appeared unaware of the fact that the defendant before them had a previous conviction in another regional jurisdiction and instead heard from the Office of the Director of Public Prosecutions (DPP) that he was a man of good character.
CMR discovered during a quick online search that, in fact, Benjamin Isaiah Carrington (37) is a professional drug mule and was convicted some ten years ago for similar offenses in Guyana, where he was convicted and sentenced for importing some 60 pounds of marijuana at the Cheddi Jagan International Airport (CJIA).
When CMR queried the misspelling of his name, we were informed that the police submitted it as such
For his role in that joint enterprise, the then 27-year-old former Jamaican vendor was fined and sentenced to 60 months imprisonment along with his female co-accused.
Without the benefit of this important historical information, Magistrate Allard accepted that he had no previous convictions and was a person of previous good character. He was sentenced to 4 years imprisonment for Counts 1 and 2 of importing ganja and possession of ganja with the intent to supply.
The prosecution shared that he was a man of previous good character and the maximum sentence for the Misuse of Drugs Act would be seven years imprisonment. He also noted that the additional offenses of illegally landing would run concurrently.
Crown Counsel Ferguson also noted that there were three principal factors to consider, including the quantity of ganja, the defendant's role in the enterprise, and previous relevant convictions. Ferguson spoke of the telephone evidence that pointed to his significant role in the criminal enterprise.
Videos from his mobile phone provided investigators with a clearer role of his extensive part in the process, including the growing of the plants, accessing a boat for transporting the ganja to the Cayman Islands and arranging the sale of an initial 20 pounds.
WhatsApp messages also showed that he intended to gain substantially from the crime by selling the drugs to local contacts. Mention of an initial KYD $2,000 transaction was also noted. He also obtained a GPS to make the illegal voyage by sea.
His defense attorney, Crister Brady, argued that his role was not that significant and argued for a lesser sentence. Brady also told the court that he had become a father since his incarceration in September.
The magistrate did not find favor with these legal arguments and shared that he “was far more than a boatman” and that at trial, the evidence showed he had “close links to the original source” of the drugs. She noted that the starting point was at least 4 years, and she heard no mitigating factors that persuaded her.
She noted that he took the risk, took active steps to carry out the crime, and was in the process of selling the ganja when he was nabbed by authorities. She handed down a sentence of 4 years on counts one and two with deductions to be made for time in custody.
He was given no discount for an early plea since the matter went to a full trial. On the matter of the illegal landing, she indicated the starting point would normally be 12 months, but she was increasing it to 15 months because he landed on the 16 and was not arrested until the 23. He was given credit for early admittance of guilt for illegal landing.
Joining from video link at the prison he indicted that he wanted to be in court in person so he could fully understand what was transpiring. The ganja is to be forfeited and destroyed, and he will be subject to a separation order upon the completion of his sentence.
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