Williams v R

• Jurisdiction: Cayman Islands
• Judge: Schofield, J.
• Judgment Date: 26 April 1991
• Court: Grand Court (Cayman Islands)
• Docket Number: No. 133 of 1990
• Date: 26 April 1991

Williams

and

Regina

Schofield, J.

No. 133 of 1990

Grand Court

Criminal law - Appeal against conviction and sentence — Importation of cocaine — Possession of cocaine with interest to supply — Sentenced to 4 years imprisonment on each charge to run concurrently and fined $70, 10 days imprisonment in default — Deportation recommended — Whether the presumption of possession had been rebutted — Appeal dismissed — Misuse of Drugs Laws, s. 7(1)(b)

Hampson for the appellant

Archie for the Crown

1 Michael Alphonso Williams (“the appellant”) was convicted after trial of offences of importation of cocaine, contrary to section 3(1)(a) of the Misuse of Drugs Law, and possession of cocaine with intent to supply, contrary to section 3(1)(m) of the same Law. He was sentenced to serve four years imprisonment on each charge, to run concurrently and was ordered to pay a fine of $ 70 or 10 days imprisonment in default of Payment on the importation charge. His deportation was recommended following his release from prison. The appellant now appeals against his convictions and against the sentences imposed.

2 The prosecution evidence was that Franz Manderson, an immigration officer, was on duty at the airport processing the passengers who had just arrived on a Cayman Airways flight from Kingston, Jamaica. The appellant drew the suspicions of Mr. Manderson because of his nervousness. Mr. Manderson questioned the appellant, and being dissatisfied with his answers, took him to an interview room. There he further interviewed the appellant and then took him to a customs office where the appellant, and the contents of a brown bag he was carrying, were searched. Nothing was found in the bag and it was returned to the appellant, who was detained at the Central Police Station pending further investigations.

3 The next day Mr. Manderson again interviewed the appellant, this time at the Immigration Department offices. Detective Constable Myers also interviewed him there. When asked about his brown bag, which had been left at the Police Station, the appellant became reluctant to answer the guestions, so he was taken to the Police Station for the bag to be searched. On the way to the Police Station the appellant jumped out of car and attempted to flee. He was apprehended by D.C. Myers and returned to the car with the help of Mr. Manderson.

4 At the Police Station the appellant denied that the brown bag was his until prompted by Mr. Manderson. Inside the bag were the appellant's personal belongings, including his...