The Queen v. Wemimo Abeje Akano

CACC000274/1990

1990 No. 274

IN THE COURT OF APPEAL

(Criminal Jurisdiction)

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BETWEEN

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Coram: Hon. Fuad, V-P, Mayo & Saied, JJ.

Date of Hearing: 27 November 1990

Date of Delivery of Judgment: 27 November 1990

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JUDGMENT

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Mayo, J. (giving the judgment of the Court):

1. The Applicant was convicted on her plea of guilty to trafficking in dangerous drugs namely 343.55 grammes for mixture containing 306.08 grammes of salts of esters of morphine.

2. The facts of the case are simple. The Applicant who is a Nigerian lady arrived in the Territory on a flight from Bangkok on the 19 March 1990.

3. She was searched when she was going through customs and customs officers found concealed in her underwear the dangerous drugs which are the subject of the charge.

4. His Honour Judge Baily sentenced the Applicant to 6 1/2 years imprisonment. In his reasons for sentence Judge Baily expressed the opinion that the Applicant was fortunate that she found herself in the District Court as the quantity of dangerous drugs found on her was sufficiently large to merit a sentence higher than the maximum the Court had jurisdiction to pass.

5. The grounds of appeal which have been put forward by the Applicant mainly place reliance upon the hardship which she and members of her family will suffer as a consequence of her being imprisoned for a lengthy period of time.

6. According to her she is the mother of four young children and it would appear that. the family's financial situation was somewhat precarious. This being the case it was impossible to make satisfactory provisions for the welfare of her children.

7. The Applicant filed an additional ground of appeal which was based upon the fact that her friend who was convicted of a similar offence was only sentenced to 6 years imprisonment.

8. Before us she emphasised that her friend had a similar quantity of drugs to the amount of drugs found on her and that she was then sentenced to imprisonment of 6 years.

9. Mr. Bailey for the Crown informed us that the Applicant did cooperate with the police after her arrest and gave as much information as was possible to assist them with their further enquiries.

10. We regret that nothing which has been said by the Applicant persuades us that Judge Baily was wrong in any way in passing the sentence which he did. It is in conformity with sentences for trafficking in this sort of quantity of dangerous drugs. However, we feel we can give credit to the Applicant for the cooperation which she has given to the police and we feel justified in reducing the term of imprisonment from 6 1/2 years to 5 1/2 years. To this extent the application for leave succeeds and the appeal is accordingly successful to this extent.

Representation:

Mr. S. Bailey for Crown.

Wemimo Abeje AKANO, applicant, in person.