A work permit holder may have problems in the future because two convictions were recorded against him on Monday.
Appearing in Summary Court, Andrew Mark Miller, 34, admitted he had consumed ganja, thereby breaching his probation order.
Defense attorney Nicholas Dixey said his client might have to pay a very heavy penalty because he had been here 13 years. When Miller’s permit comes up for renewal, he could have difficulties if he has criminal convictions, Mr. Dixey indicated.
But in addition to breaching other conditions of his probation, Miller would be positive if he were tested that day because he had consumed ganja while he was out of the jurisdiction, the attorney advised.
Magistrate Valdis Foldats said that action showed a cynical approach to what the court had been trying to do. “He is letting himself down,” the magistrate commented. “His whole life could change as a result of this.”
He reminded Miller of the opportunity he had been given. The defendant had come to court in February 2015 for possession and consumption of ganja. “We give everyone a chance if he doesn’t have previous convictions,” the magistrate pointed out.
He was referring to an informal process sometimes used with first offenders who admit ganja offenses. If they are considered to not need the intensive assistance of the Drug Rehabilitation Court, the magistrate may give them the option of coming to court for a minimum of three months and providing clean urine tests.
Miller provided positive and negative tests, but by September 2015 the magistrate was able to congratulate him for the requisite clean tests. He was placed on probation, ordered to pay $200 in costs, directed to perform 20 hours of community service, attend counselling and submit to random drug testing.
“I put you on probation for 12 months so that you would stay clean,” the magistrate pointed out.
In addition to other breaches, Miller had left the jurisdiction without providing an itinerary to his probation officer.
With the breaches admitted, the magistrate proceeded to sentence for the original charges – possession and consumption of ganja – and imposed a fine of $200 for each.
“The biggest penalty for you will be that the convictions are recorded,” he told the defendant.