importing nearly $4,000 worth of heroin.

In his ruling, Puisne Judge the Hon. Mr. Justice Ward indicated that he believed the drug was for Davon Cann's own use.

But he did not say whether or not he believed the Crown's case that the drug could get into other hands by Cann sharing it with friends or it being stolen.

Crown counsel Mr. Brian Calhoun said he would be considering whether or not to appeal.

Mr. Calhoun had argued Cann falsely claimed he was a heroin addict and the drug was for his own use in a bid to get a more lenient sentence.

However, two drug counsellors testified Cann had sought their help a month after being arrested, telling them he had been addicted to heroin nearly four years.

Cann claimed to have a $300-$400-a-day habit, they said, noting heroin use in Bermuda was on the rise.

But Mr. Calhoun disputed how a heroin addict with such an expensive habit -- and making only $300 a week -- could afford to go on vacation and fork out $1,000 to buy the drug.

Cann, of Somerset, had pleaded guilty to importing 12.80 grams of heroin in a tube of hair gel, found in his luggage as he arrived via commercial airline last August 11.