Full Court ‘hands down’ one-year suspended sentence for ‘ganja’
(From left) Shem Winter and his attorney, Jerome Khan
(From left) Shem Winter and his attorney, Jerome Khan

A 22-year-old barber, who is currently serving a three-year sentence for trafficking 16 grams of cannabis, on Friday, had his sentence reduced to one-year suspended sentence by the Demerara Full Court.

Last year, Shem Winter, of Tabatinga Central Rupununi, Region Nine (Upper Takutu-Upper Essequibo), pleaded guilty to the charge before Magistrate Allen Wilson at the Lethem Magistrate’s Court.
The Magistrate, after taking the plea into consideration, sentenced Winter to serve three years along with a fine of $10,000.

Dissatisfied, Winter, through his attorney Jerome Khan, moved to the Full Court seeking to have the sentence set aside. He claimed that the Magistrate erred in law by failing to apply case law principles that promote fairness in sentencing.

The appeal was heard by Chief Justice (ag) Roxane George and Justice Sandil Kissoon.
The Chief Justice, while delivering the ruling, noted that the court allowed the appeal in relation to the sentence.

The Court found that the previously imposed sentence was excessive, taking into consideration the sentencing guidelines.
As such, a one-year suspended sentence was imposed on Winter. In essence, this meant that Winter was a free man, but would serve the sentence only if certain circumstances prevailed.

The Guyana Chronicle previously reported that on November 21, 2021, police, acting on information received, intercepted a green Premio motorcar bearing registration number PRR 4548, which was proceeding on the Tabatinga access road.

There were three occupants in the vehicle, including Winter.
Winter was searched and a bulky transparent plastic bag was found in the crotch of his pants containing a quantity of leaves, seeds and stems suspected to be cannabis sativa.
Winter was reportedly also told of the offence committed and, under caution, he told the police, “yes officer is me own!”

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