Misuse of Drugs Amendment Act 2005

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Misuse of Drugs Amendment Act 2005
MISUSE OF DRUGS AMENDMENT ACT 2005





BERMUDA

2005 : 26

MISUSE OF DRUGS AMENDMENT ACT 2005
Date of Assent: 4 August 2005

Operative Date: 4 August 2005


ARRANGEMENT OF SECTIONS

1 Short title
2 Amends section 1
3 Amends section 3
4 Amends section 12
5 Amends section 24
6 Amends section 27
7 Amends section 27A
8 Inserts sections 27B to 27F

9 Amends section 38
10 Amends section 40
11 Application
12 Inserts Schedules 5 to 7

Schedule 5
Schedule 6
Schedule 7



WHEREAS it is expedient to amend the Misuse of Drugs Act
1972:

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

Short title
1 This Act may be cited as the Misuse of Drugs Amendment Act
2005.


1



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Amends section 1
2 Section 1 of the Misuse of Drugs Act 1972 (in this Act referred to
as "the principal Act") is amended by inserting the following subsection
next after subsection (3) —

"(4) For the purposes of this Act the street value of a
controlled drug shall be the value for which evidence is
accepted by the court as the maximum value the
controlled drug can be sold for in Bermuda.".

Amends section 3
3 Section 3 of the principal Act is amended by repealing
subsections (2), (3) and (4).

Amends section 12
4 Section 12 of the principal Act is amended by repealing
subsection (7).

Amends section 24
5 Section 24 of the principal Act is amended —

(a) by designating the existing provision as subsection (1);
and

(b) by inserting the following subsection next after
subsection (1) —

"(2) The Minister may by regulations amend the
Schedules to this Act.".

Amends section 27
6 Section 27 of the principal Act is amended in subsection (1) by
repealing paragraphs (a) and (b) and substituting the following
paragraphs ⎯

"(a) punishment on conviction on indictment:
imprisonment for life or a fine of one million dollars
or three times the street value of the controlled
drug, whichever is greater or both such fine and
imprisonment;

(b) punishment on summary conviction: imprisonment
for ten years or a fine of five hundred thousand
dollars or three times the street value of the
controlled drug, whichever is greater or both such
fine and imprisonment.".

Amends section 27A
7 Section 27A of the principal Act is amended by repealing
subsection (5).

MISUSE OF DRUGS AMENDMENT ACT 2005


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Inserts sections 27B to 27F
8 The principal Act is amended by inserting the following sections
next after section 27A ⎯

"Controlled drugs and increased penalty
27B In sentencing a person convicted for an offence involving
a controlled drug prescribed under Schedule 5, the court shall
have regard to ⎯

(a) the street value of the controlled drug; and

(b) the destructive effect on society of the controlled
drugs prescribed under Schedule 5;

and add an increased sentence of fifty per cent to the basic
sentence.

Period of imprisonment in default of payment of fine
27C Where a court imposes a penalty of a fine on a person after
conviction for an offence under this Act and the fine so ordered
to be paid is not paid within the time allowed by the court, the
court shall have the power to impose a sentence of imprisonment
as prescribed under Schedule 6, in default of the payment of the
fine and this period of imprisonment shall be consecutive to any
period of imprisonment imposed for the same offence.

Statutory amount to be deemed, for supply
27D Where a person is charged with an offence pertaining to a
controlled drug prescribed under Schedule 7, and supply is an
element, where the amount of controlled drug equals or exceeds
the respective weight specified in that Schedule, until the
contrary is proved, the person shall be presumed to have that
controlled drug with the intention, whether by him or another
person, for supply.

Sentencing discounts for assistance
27E Where a person charged with an offence under this Act
gives assistance to the investigation and prosecution of any
offender ⎯

(a) in the same case in which he is charged, such person
may be rewarded with a discount not exceeding fifty
per cent of the basic sentence; and

(b) in a case other than that for which he has been
charged, the person may be rewarded with a discount
not exceeding seventy-five per cent of the basic
sentence.

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Consecutive sentencing for drug offences and offences
relating to violence or use of weapons
27F Where a person charged with an offence under this Act, is
also charged with an offence under the ⎯

(a) Firearms Act 1973;

(b) Criminal Code Part XV - (provisions of law relating to
violence to the person and to the preservation of
human life);

(c) Criminal Code Part XVI - (homicide, suicide and
offences relating to childbirth); or

(d) Criminal Code Part XVII - (offences endangering life
or health: assaults);

on the same information or indictment, the sentences shall be
consecutive to each other.".

Amends section 38
9 Section 38 of the principal Act is amended by repealing
subsection (2).

Amends section 40
10 Section 40 of the principal Act is amended by deleting the words
"a means".

Application
11 This Act shall apply to all cases which appear before the courts
for trial or sentencing after it comes into force.

Inserts Schedules 5 to 7
12 The principal Act is amended by inserting the following
Schedules next after Schedule 4 ⎯











"Schedule 5 (Section 27B)

Controlled drugs and increased penalty

1. (a) Cocaine;

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(b) Diamorphine;

(c) Methylamphetamine;

(d) Any compound (not being methoxyphenamine) structurally
derived from phenethylamine, an N-alkylphenethylamine,
-methylphenethylamine, and N-Alkyl -methylphenethylamine
or an N-alkyl -ethylphenethylamine by substitution in the
ring to any extent with alkyl, alkoxy, alkylenedioxy or halide
substituents, whether or not further substituted in the ring
by one or more other univalent substituents.

2. Any stereoisomeric form of a substance for the time being
specified in paragraph 1.

3. Any salt of a substance for the time being specified in
paragraph 1.

4. Any preparation or other product containing a substance or
product for the time being specified in paragraph 1.



Schedule 6 (Section 27C)

Period of imprisonment in default of payment of fine


Amount of Fine Period of Imprisonment

1. For a fine not exceeding three
hundred thousand dollars

Three years imprisonment

2. For a fine exceeding three hundred
thousand dollars but not exceeding six
hundred thousand dollars

Four years imprisonment

3. For a fine exceeding six hundred
thousand dollars but not exceeding
nine hundred thousand dollars

Five years imprisonment

4. For a fine exceeding nine hundred
thousand dollars

Six years imprisonment

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SCHEDULE 7 (section 27D)

Statutory amount of controlled drugs to be deemed for
supply



Controlled drug Weight

(a) Diamorphine (heroin) 1 gram

(b) Cocaine 1 gram

(c) Cannabis 20 grams

(d) 3,4-Methylenedioxymethamphetamine
(MDMA (Ecstasy)) 4 tablets or 1 gram.".

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