example, 1.2 g attracted 2 years imprisonment, while in another, 1.16 g was given 8 years imprisonment, adjusted to 4 years.75 Some judges have labelled this inconsistency “creative sentencing.” 4.13. It is instructive that sentences in the Caribbean are typically much lighter than in North America, the latter averaging only 6 months. 4.14. The rigidity in sentencing is not, however, uniform throughout the region. Some laws provide for flexibility. For example, in Grenada, possession is a hybrid offence, which can be tried either summarily, where it attracts a lesser penalty, or indictably (as a more serious offence).76 Sentences can either be custodial or non-custodial, typically providing for both. However, the concern is that this can lead to inconsistency in the justice system. In addition, in a society where there is misinformation and mistrust about cannabis/ marijuana, some judicial officers are likely to take the harsher route. In fact, it is demonstrable that in many cases, there is the incongruity that due to uninformed and ad hoc legal policy, a person may receive higher sentences in the Magistrates’ courts for summary conviction that in the High court on indictment.77 4.15. Some legislation, as in Saint Lucia, allows for fines instead of imprisonment.78 For example, for a drug trafficking offence, on summary conviction, a fine may be imposed of $100,000 or imprisonment of 5 -10 years. However, given the arrest profile in the region, typically low-income or indigent, remanded persons often cannot afford such steep fines and end up in jail, criminalised. Speaking about St. Vincent and the Grenadines but indicating that the situation was the same throughout the OECS, a UN Report found that “75% of the total sentenced prisoner population had been given the option of a fine, but had been imprisoned because they could not pay them.” In other words, if all the prisoners who had the option of paying a fine could pay the fine determined by the court, the sentenced prison population size would be reduced by 75%.79 In the same report, the author laments about Saint Lucia, “The high level of fines for the possession of cannabis is noteworthy. It is difficult to understand what purpose is served by applying such high Otherwise law-abiding CARICOM fines, which the offender is unable to pay, as a result of which citizens can receive a much harsher he/she ends up in prison, while he/she is subjected to the sentence, including imprisonment for criminalising impact of imprisonment.”80
many years, for possessing a single ‘joint’ of marijuana, a victimless crime, than a person convicted of wounding another with intent and similar serious crimes.
4.16. Poverty also hampers persons arrested from posting bail. When Archbishop Harris of Trinidad and Tobago raised a petition seeking pardons for those on remand “to make this land, . . . a more merciful place., 81 many relatives of the incarcerated agreed: “I agree with the Archbishop, is real stupidness that a man will get hold with weed and he in jail because he can’t post his bail. The system needs to change,” She said it was difficult for bailiffs to want to put up property for $1,200 or $1,500 bail for persons charged with possession of marijuana and relatives could not afford bail.”
Sentences Harsher than for Serious Victim Crimes
4.17. In terms of sentencing, however, the most damning indictment of the current regime is its inherent inequality when compared to penalties for other criminal offences, in particular, victim based crimes. It is an unfortunate truism that otherwise law-abiding CARICOM citizens can receive a much harsher sentence, including imprisonment for many years, for possessing a single ‘joint’ of marijuana, a victimless Vishnu Ragbir v Gary John MG P 86/2013; Abraham Jose Savisente and Others v Kirk Peters C &E Officer 1, MG S 30/2012, respectively. Summarily, a magistrate can impose either a fine of up to EC$250,000.00 or imprisonment of up to five (5) years in prison, or both. On indictable matters, a judge can impose a fine of up to EC$500,000.00 or imprisonment of up to twenty-five (25) years in prison, or both. They do have the flexibility when comes to sentencing. Drug Abuse (Prevention and Control) Act 1992, chp. 84A, as amended 2011. Cannabis, Indian hemp, is listed as a dangerous drug in the First Schedule. 77 See, e.g. the Trinidad and Tobago examples above. 78 Drugs (Prevention of Misuse) Act Cap 3.02, of Saint Lucia. Cannabis is listed as a Class A drug in the Second Schedule. 79 Tomris Atabay, The Prison System and Alternatives to Imprisonment in Selected Countries of the Organisation of Eastern Caribbean States, UNODC, 8 November, 2010, p 5. 80 Ibid, p.35 81 Archbishop called for remand mercy – many marijuana offences - http://www.guardian.co.tt/news/2016-04-29/pardon-petition-now-online ‘April 29, 2016’ ‘’Pardon Petition now Online’’ “ 75 76
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