Man caught with drugs jailed for two years
A Southampton man caught with more than $2,500 worth of cannabis and $1,850 worth of crack cocaine has been sentenced to two years in prison.
At an appearance in Magistrates’ Court on January 15, James Waldron-Smith, 30, denied possessing more than 50g of cannabis and 5.91g of cocaine freebase, also known as crack cocaine, with intent to supply, in Devonshire on October 7 last year.
In court yesterday, Waldron-Smith who was unrepresented, maintained his not guilty plea and after requesting an adjournment so he could seek representation, he was told by Magistrate Archibald Warner that he’d had a reasonable amount of time to secure a lawyer and that the trial would go ahead.
The court heard that Waldron-Smith was stopped by Police Constable McKeon Stevens on Parson’s Lane, Devonshire, after he observed Waldron-Smith turn his motorcycle around upon seeing the officer on the marked police cycle.
“As I stopped the defendant he appeared very nervous,” Pc Stevens told the court. “He was shaking and seemed very fidgety.” Pc Stevens said he also smelled cannabis and when asked if he had any controlled drugs in his possession, Waldron-Smith replied “in my pocket”.
Upon searching his left pocket, Pc Stevens found a glass bottle containing plastic twists with plant material in them. In his right pocket he found two pouches, one containing 11 paper twists and one plastic twist with a rock-like substance in them, and a further four plastic twists containing plant material.
Pc Stevens said he informed Waldron-Smith that he believed the plant material to be cannabis and the rock-like substance to be cocaine, and cautioned and arrested him, to which Waldron-Smith made no reply.
Pc Stevens said he then noticed that the defendant was speaking as though something was obstructing his mouth. He told Waldron-Smith to remove the obstruction — another plastic twist containing plant material — and the defendant was taken to Hamilton Police Station.
The court also heard from Acting Detective Sergeant Warren Bundy, who said the quantity of drugs indicated that they were not intended for personal use.
“I accept Pc Bundy’s evidence and in my view the cannabis found in the defendant’s possession was intended for supply,” Mr Warner said, stating that he believed the same to be true of the cocaine.
Waldron-Smith, who declined to give evidence or cross-examine any of the prosecution witnesses, asked the court for leniency and a fine rather than a custodial sentence because he had five young children to take care of.
Prosecutor Maria Sofianos, however, requested a 12 -to 18-month prison sentence, stating that Waldron-Smith, who “has made a career out of selling drugs to the community”, had not learnt his lesson from previous convictions for similar offences.
Mr Warner sentenced Waldron-Smith to two years’ imprisonment on each count, to run concurrently.
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