Kelvin Mercer, the government employee who claimed he smokes marijuana to treat his diabetes, was slapped with a $4,500 fine on Wednesday after Magistrate Shawn Innocent found him guilty of possession of a controlled drug with intent to supply to another.
He had previously admitted to having the drugs but went to trial after denying that he was a drug dealer.
In handing down the sentence, Magistrate Innocent said the audiovisual police interview with Mercer showed that the cannabis was not tampered with as the offender had previously claimed.
He said the drugs were found in the same four bags and not in one bag.
Innocent also noted that the ‘relatively’ large number of dime bags found in Mercer’s apartment indicated that he was, in fact, guilty of being a drug supplier.
Furthermore, the court noted that, despite Mercer’s claim that he used the drug for medicinal purposes, no medical evidence was presented to the court to corroborate that claim.
The magistrate also dismissed Mercer’s assertion that he smoked between two-to-three dime bags of cannabis daily, saying that if that was so, he would not be able to function.
The court, in the meantime, noted that Mercer had no previous convictions for similar offences and there were no significant aggravating factors in his case. As such, the fine to be paid is said to be a ‘discount’ for his early guilty plea on the possession of a controlled drug charge.
Breakdown of fines
Mercer was fined $1,500 for possession of the drugs and has three months to pay. He will spend two months at Her Majesty’s Prison if he does not pay that sum.
For the offence of possession of a controlled drug with intent to supply to another, he was fined $3,000. That fine is also to be paid in three months or in default, he will be imprisoned for three months.
If he fails to pay the fines and is committed to prison, his sentences will run concurrently (at the same time).
Police had discovered the 105 grams of the marijuana along with a considerable amount of dime bags during a raid of Mercer’s apartment on May 15 last year.
He was subsequently charged.
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