HAMILTON, Bermuda (CMC) – A High Court judge in Bermuda has sentenced a 26-year-old man from Brooklyn to six years in jail on drugs related charges even as the court acknowledged that it is “obvious that you are not the mastermind of this importation”.
Justice Alan Richards imposed the jail sentence on Cadell Smith, who had first denied allegations that he imported 22 kilograms of cannabis into Bermuda in a pair of suitcases on November 7, 2024, and possessing the drugs with intent to supply.
“Travelling as you were with a significant quantity of cannabis that had not even been concealed in your luggage, it’s hardly surprising that you were detected,” the judge said, noting that while the offence would usually carry a sentence of 12 years after a trial, a report had identified that Smith suffered from cognitive issues which left him vulnerable to exploitation.
Smith pleaded guilty to the importation offence, with the Crown offering no evidence on the drug possession charge during the trial which started last week and had been scheduled to resume on Monday.
The court heard that Smith had arrived on the island on November 7, 2024 on a flight from Miami and was selected for a secondary search after he was seen repeatedly looking at the customs officers while at the baggage claim.
During the search the Custom officers found 25 packages, which were later found to contain about 22 kilograms of cannabis, 25.58 grams of cannabis resin and vapes containing four millilitres of fluid.
The court heard that the cannabis had a street value of between US$312,000 and two US$2million, ¹while the resin and vapes could have been sold for US$18,000 and US$800 respectively.
Attorney Susan Mulligan told the court that her client had been a talented electrician until March 2024 when he was injured in a traffic collision caused by someone else driving a stolen vehicle.
She said that in the wake of the incident, Smith had suffered lingering cognitive issues which had impacted his decision-making abilities and that someone else had paid for his trip to Bermuda.
“He was himself a victim of a crime and now he finds himself on the other end of things facing a significant period in custody,” she said, expressing concern that if Smith did not receive support while incarcerated, he might suffer from further mental decline.
Prosecutor, Karim Nelson, said a psychological report showed the collision had harmed Smith’s decision-making ability and that it would not be unreasonable to consider him a vulnerable person.
He said Smith’s condition could explain how he could be persuaded to transport drugs despite his previous good character and that the plot was “foolish” with no apparent effort to hide the packages of cannabis within the suitcases.
In his ruling, Justice Richards said it was almost inevitable that Smith was going to be found out and that despite the Crown offering no evidence on the second count, it was obvious based on the quantity that the drugs Smith brought to the island were not for his personal use.
“It is also obvious that you are not the mastermind of this importation…you must have come under the influence of someone else, though there is no evidence before me from which I could possibly say who that was.”
The judge said given the unique circumstances, he would grant Smith a full discount for his guilty plea, despite it being made in the midst of his trial, and deliver a sentence shorter than would otherwise be applicable given the quantity of drugs seized.
Smith was jailed for six years, with the time already served taken into account.