When Justice Charles Quin sentenced Camilo Naranjo earlier this month to eight years imprisonment for conspiracy to supply cocaine, he emphasised that 10 years was the maximum penalty. It would be up to legislators to decide whether they want to increase the maximum, he indicated.
Naranjo, 28, pleaded guilty to conspiring with Osman Bonilla and others unknown to supply cocaine. The conspiracy took place during a five-week period in late 2010, when two undercover police officers went to local bars and night clubs to see whether there were suppliers of cocaine operating there.
Bonilla was the first contact the officers made and, after several small purchases from him, they asked about getting a larger amount. Bonilla then introduced them to Naranjo.
Naranjo provided a sample that was 81 per cent pure and then agreed to supply three kilos for $54,000. On the day the officers handed him the money, he counted it, made a series of phone calls and was then arrested.
Bonilla, now 33, pleaded guilty to his role in the conspiracy and was sentenced last year to eight years imprisonment. Factors affecting his sentence included previous convictions for possession of cocaine with intent to supply.
Naranjo had three trial dates set before he pleaded guilty, so he had saved little court time or public money, Justice Quin noted. He explained that the discount for the plea would therefore be minor.
“The court can take judicial notice of the fact that there is sufficient evidence in recent years that the trafficking of cocaine and other illegal drugs within the Cayman Islands had led to an increase in violent crime and serious social breakdown in the lives of many young people and their families,” the judge said.
Unlike most other jurisdictions, the maximum penalty for conspiracy is 10 years imprisonment; in the UK it is 20 years, counsel agreed.
“The court can only sentence within the current intentions of the legislators as expressed in the legislation of the Cayman Islands,” Justice Quin said. “In light of the prevalence of illegal drugs, and the well documented evidence of the damage and harm caused by illegal drugs, the legislators may wish to consider whether the maximum penalty of 10 years imprisonment truly reflects the gravity of such offences, especially when there are little or no mitigating factors.”
Defence attorney Clyde Allen had submitted that Naranjo was a low-level trader rather than a large scale operator. He said Naranjo was told by Bonilla that the men asking to purchase cocaine were police officers; when he found out how much money was on offer, he intended to steal it and never deliver any drug.
Justice Quin rejected that submission, based partly on Naranjo’s explanation to the officers of techniques to “body pack” cocaine and processes for trafficking the drug. He also referred to the purity of the drug supplied by Naranjo, plus money and a scale with traces of cocaine found in his room.
The judge accepted that Naranjo did not have previous convictions involving drug supply, although he did have other convictions.
In light of Bonilla’s previous convictions and Naranjo’s more significant role in this conspiracy, Justice Quin said there was little if anything to differentiate the punishment they both deserved.
Director of Public Prosecutions Cheryll Richards presented the case for the prosecution, assisted by Senior Crown Counsel Elisabeth Lees.
Related Videos
