A man whose prison sentence was extended by a year after cannabis was found in his cell has seen his sentence reduced after an appeal.

Everett Jahni Bean, 33, was originally sentenced to 15 years in prison for his involvement in a 2011 plot to import 2,000 grams of cocaine.

However on October 24 last year, officers discovered a small quantity of cannabis during a search of his cell. While he denied the offence, he was convicted after a trial in Magistrates’ Court.

He was subsequently sentenced to 30 days behind bars for possessing the cannabis, with a further 12 months imposed as an additional penalty due to the prison being an increased penalty zone.

In an ex tempore judgment dated December 4, Chief Justice Ian Kawaley said the sentence appeared to be disproportionate on its face as the basic sentence had been increased more than tenfold by the additional penalty.

Under the Misuse of Drugs Act, the additional penalty for an offence carried out in an increased penalty zone is based on the sentence for the initial penalty.

If the initial penalty is a term of imprisonment less than seven years, the legislation specifies that the additional penalty should be a further term of imprisonment lasting between one and three years.

Dr Justice Kawaley wrote: “While it might be said that Parliament intended to treat increased penalty zones more severely, it is difficult to imagine that Parliament consciously had in mind a circumstance where a basic sentence of as low as 30 days would be imposed and the increased penalty (by virtue of the offence being committed in an increased penalty zone) would be over ten times that basic penalty in duration.

“Interestingly, the appellant himself asserted that he was aware of another inmate who had been convicted of possession of more cannabis in prison who was sentenced to an additional 3 months only.

“Although [Crown counsel Takiyah] Burgess did not have an opportunity to research this issue, it does seem to me to be improbable that this section in the Act is being applied according to its terms in every case; because if it were, it would be producing manifest injustice.”

Dr Justice Kawaley ruled that the sentence was disproportionate, substituting the 12-month additional penalty for 30 days in prison.

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