London Daily

Focus on the big picture.
Wednesday, Oct 22, 2025

No deterrence: Magistrate says new sentencing guidelines for drugs ‘won’t work for BVI’

No deterrence: Magistrate says new sentencing guidelines for drugs ‘won’t work for BVI’

A local magistrate has said she believes the list of umbrella sentencing guidelines recently launched for all courts in the Eastern Caribbean is not suitable for drug-related offences committed in the British Virgin Islands.

These sentencing guidelines were developed so judges in the region could have a standard way of determining the penalty that a convicted person should receive.

But local magistrate, Ayanna Baptiste-DaBreo, said she is concerned they will not deter drug offenders in the BVI. She said following the guidelines in every drug case would “create havoc” in the BVI.

“If I use those sentencing guidelines, I would be encouraging everybody to start selling drugs because there is no punishment, really. The truth is if I am someone out there selling drugs with these sentencing guidelines, the cost to me of selling it … the profits would exceed compliance,” the magistrate said.

“Where is the deterrence? Where would be the fair punishment? I will follow them (the sentencing guidelines) and I will say where I would depart from them in the sentencing,” she added.

“I have found that those sentencing guidelines does not work for me on the drug offences. [But], for the other offences, they are fine,” Magistrate DaBreo further said.


What the guidelines say for drug offences

According to the Eastern Caribbean Supreme Court’s website, the guidelines for drug-related offences covers drug trafficking, cultivation, and possession with an intent to supply, import or export — whether as conspiracy or a substantive offence. 

 Apart from the judge’s responsibility to weigh all the aggravating and mitigating factors in each case before handing down a sentence, the new guidelines also say the punishment should be determined based on quantity and what type of role the offender played in the crime.

The roles a convicted offender can be found to play in the drug crime has been classified into three levels — ‘leading’, ‘significant’ and a ‘lesser role’. 

The lead role

To be classified as having a lead role in the crime, an offender must be the commercial drug buyer and/or seller. He/she must also be found to have ‘substantial links’ to have an influence on others in a chain, has close links to the original source, has an expectation of significant financial gain, uses business as a cover, and abuses a position of trust.

The significant role

For persons classified as having a ‘significant role’, they must be found to operate or manage functions within the illegal operation. Those category of offenders must also have been found to involve others in the operation whether by pressure, influence, intimidation or reward — especially if those involved are children.

According to the new sentencing guidelines, sale of drugs to minors and persons in prison would also fall under that category.

The lesser role

As it relates to how a person is classified in the ‘lesser role’ category, the court is required to look at persons who perform a limited function under direction. They are also considered to have played a lesser role if they are involved by pressure, coercion, intimidation, involvement through youth, naivety, or exploitation.

The court must also classify them in the ‘lesser role’ category if there is no influence on the drug operation’s hierarchy, if they have very little or no awareness or understanding of the scale of operation, or if they are trafficking drugs solely for personal use (considering the reasonableness of account in all the circumstances).

Classifying an offender by weight of drugs

As it relates to the weight of the drugs, offenders are classified into numerical categories — ‘one’ being the highest and ‘four’ the lowest.

Category One offenders are persons who were caught with 20 kilograms or more of cocaine and 400 kilograms or more of cannabis.

Category Two offenders are those caught with five to 20 kilograms cocaine and 50 to 400 kilograms of cannabis.

Category Three has to do with offenders with 100 grams to five kilograms of cocaine and one to 50 kilograms of cannabis.

And to be classified as a Category Four offender, a person must be found to have 100 grams of cocaine or up to one kilogram of cannabis.

The new sentencing guidelines state that offenders who fall in the lesser categories — three and four — must only receive penalties that are fines and/or no custodial sentences.

These new guidelines were launched in September but went into effect on October 1 across the region.

Newsletter

Related Articles

0:00
0:00
Close
‘Frightening’ First Night in Prison for Sarkozy: Inmates Riot and Shout ‘Little Nicolas’
White House Announces No Imminent Summit Between Trump and Putin
US and Qatar Warn EU of Trade and Energy Risks from Tough Climate Regulation
Apple Challenges EU Digital Markets Act Crackdown in Landmark Court Battle
Nicolas Sarkozy begins five-year prison term at La Santé in Paris
Japan stocks surge to record as Sanae Takaichi becomes Prime Minister
This Is How the 'Heist of the Century' Was Carried Out at the Louvre in Seven Minutes: France Humiliated as Crown with 2,000 Diamonds Vanishes
China Warns UK of ‘Consequences’ After Delay to London Embassy Approval
France’s Wealthy Shift Billions to Luxembourg and Switzerland Amid Tax and Political Turmoil
"Sniper Position": Observation Post Targeting 'Air Force One' Found Before Trump’s Arrival in Florida
Shouting Match at the White House: 'Trump Cursed, Threw Maps, and Told Zelensky – "Putin Will Destroy You"'
Windows’ Own ‘Siri’ Has Arrived: You Can Now Talk to Your Computer
Thailand and Singapore Investigate Cambodian-Based Prince Group as U.S. and U.K. Sanctions Unfold
‘No Kings’ Protests Inflate Numbers — But History Shows Nations Collapse Without Strong Executive Power
Chinese Tech Giants Halt Stablecoin Launches After Beijing’s Regulatory Intervention
Manhattan Jury Holds BNP Paribas Liable for Enabling Sudanese Government Abuses
Trump Orders Immediate Release of Former Congressman George Santos After Commuting Prison Sentence
S&P Downgrades France’s Credit Rating, Citing Soaring Debt and Political Instability
Ofcom Rules BBC’s Gaza Documentary ‘Materially Misleading’ Over Narrator’s Hamas Ties
Diane Keaton’s Cause of Death Revealed as Pneumonia, Family Confirms
Former Lostprophets Frontman Ian Watkins Stabbed to Death in British Prison
"The Tsunami Is Coming, and It’s Massive": The World’s Richest Man Unveils a New AI Vision
Outsider, Heroine, Trailblazer: Diane Keaton Was Always a Little Strange — and Forever One of a Kind
Dramatic Development in the Death of 'Mango' Founder: Billionaire's Son Suspected of Murder
Two Years of Darkness: The Harrowing Testimonies of Israeli Hostages Emerging From Gaza Captivity
EU Moves to Use Frozen Russian Assets to Buy U.S. Weapons for Ukraine
Europe Emerges as the Biggest Casualty in U.S.-China Rare Earth Rivalry
HSBC Confronts Strategic Crossroads as NAB Seeks Only Retail Arm in Australia Exit
U.S. Chamber Sues Trump Over $100,000 H-1B Visa Fee
Shenzhen Expo Spotlights China’s Quantum Step in Semiconductor Self-Reliance
China Accelerates to the Forefront in Global Nuclear Fusion Race
Yachts, Private Jets, and a Picasso Painting: Exposed as 'One of the Largest Frauds in History'
Australia’s Wedgetail Spies Aid NATO Response as Russian MiGs Breach Estonian Airspace
McGowan Urges Chalmers to Cut Spending Over Tax Hike to Close $20 Billion Budget Gap
Victoria Orders Review of Transgender Prison Placement Amid Safety Concerns for Female Inmates
U.S. Treasury Mobilises New $20 Billion Debt Facility to Stabilise Argentina
French Business Leaders Decry Budget as Macron’s Pro-Enterprise Promise Undermined
Trump Claims Modi Pledged India Would End Russian Oil Imports Amid U.S. Tariff Pressure
Surging AI Startup Valuations Fuel Bubble Concerns Among Top Investors
Australian Punter Archie Wilson Tears Up During Nebraska Press Conference, Sparking Conversation on Male Vulnerability
Australia Confirms U.S. Access to Upgraded Submarine Shipyard Under AUKUS Deal
“Firepower” Promised for Ukraine as NATO Ministers Meet — But U.S. Tomahawks Remain Undecided
Brands Confront New Dilemma as Extremists Adopt Fashion Labels
The Sydney Sweeney and Jeans Storm: “The Outcome Surpassed Our Wildest Dreams”
Erika Kirk Delivers Moving Tribute at White House as Trump Awards Charlie Presidential Medal of Freedom
British Food Influencer ‘Big John’ Detained in Australia After Visa Dispute
ScamBodia: The Chinese Fraud Empire Shielded by Cambodia’s Ruling Elite
French PM Suspends Macron’s Pension Reform Until After 2027 in Bid to Stabilize Government
Orange, Bouygues and Free Make €17 Billion Bid for Drahi’s Altice France Telecom Assets
Dutch Government Seizes Chipmaker After U.S. Presses for Removal of Chinese CEO
×