A young mother of four, who gave birth just over three weeks ago, was yesterday sentenced to three years in prison after being found guilty of trafficking cocaine.
Ocia Leung, 24, was moved to tears when Magistrate Judy Latchman handed down the guilty verdict at the Georgetown Magistrates’ Courts.
The charge against the young mother was that on June 14, 2014, at her lot 34 Albouys Street, Albouystown home, she had in her possession 4.3 grammes of cannabis for the purpose of trafficking.
Leung’s attorney, Ronald Burch-Smith, begged for the imposition of a non-custodial sentence and for his client to only be fined, since she is a first-time offender.
In a passionate plea to save his client from prison bars,
Burch-Smith argued that while it is the practice of the magistrates’ courts to impose mandatory custodial sentences based on the application of certain case laws, the court has a discretion not to sentence persons to jail time where there exists special circumstances.
Counsel then went on to list his client’s young age, her previously unblemished record and the fact that she has four minor children as special circumstances. He noted that the ages of the children are 6 years, 5 years, 3 years and 22 days old.
Burch-Smith contended that he could not think of anything that could be “more compelling” than the tender age of the infant that should lead the court to exercise its discretion in handing down a non-custodial sentence.
He asked the court also to take into consideration that the child is still at a breast-feeding stage and that the cocaine mentioned in the charge was not an exorbitant amount.
Counsel’s advancements caused Magistrate Latchman to enquire whether he was sure of being accurate as to what the law provided for, regarding his request.
His arguments were quickly dispelled by the police prosecutor, Inspector Shellon Daniels, who pointed out that the law is clear on what must be the penalty for offences such as the one his client was charged with.
Prosecutor Daniels was firm in noting that it is the law which stipulates that a mandatory sentence of not less than three years and not more than five years be handed down for persons guilty of trafficking narcotics.
Meanwhile, on the issue of special circumstances, Daniels reminded that while the court has discretion, those circumstances must relate to the offence and not the offender. She pointed out that the reasons advanced by counsel were not special as they related to Leung, the offender, and not the offence for which she was charged and convicted.
Briefly reviewing the evidence presented at trial, Magistrate Latchman in handing down her ruling said that the prosecution had discharged its burden of proof by establishing that the defendant had knowledge, custody, care and control of the cocaine.
The police’s case against Leung was that lawmen, acting on information received, went to her home where they saw her sitting at a table.
The court had been told that the premises were subsequently searched and the cocaine found hidden in the ceiling of the woman’s roof in a transparent plastic bag. Leung had denied the charge at her arraignment. She had been granted bail and a trial subsequently commenced.
The court had ruled also that a confession given by Leung, who claimed ownership of the drug, was found to have been given freely and voluntarily.
In addition to the prison sentence, Leung was also informed that she has to pay a fine of $30,000, representing three times the street value of the cocaine.
