Australian Citizen Carrying Marijuana To Bali Sentenced To 9 Months In Prison

Sidang agenda penutupan terhadap warga negara Australia Todd Raymond Bradshaw di Pengadilan Negeri Denpasar, Bali, Kamis (24/8/2023). ANTARA/Rolandus Nampu

DENPASAR - Denpasar District Court Judge Bali sentenced Australian citizen Todd Raymond Bradshaw (40) to nine months in prison for possession and smuggling of marijuana.

This verdict is much lower than the demands of the Public Prosecutor (JPU), which is six years and six months in prison.

The chairman of the Panel of Judges, Hari Supriyanto, in his ruling stated that the defendant Todd Raymond Bradshaw was legally and convincingly proven guilty of carrying 10.50 grams net narcotics class 1 narcotics.

"The defendant Todd Raymond Bradshaw has been sentenced to nine months in prison," Judge Supriyatno said in an online trial held by ANTARA, Thursday, August 24.

The verdict is much lower than the demands of the Public Prosecutor who charged Todd Raymond Bradshaw with imprisonment for six years and six months referring to Article 113 paragraph (1) of the Republic of Indonesia Law No. 35 of 2009 with elements of criminal importing or exporting narcotics.

In their consideration, the Panel of Judges is of the opinion that it is actually a more appropriate crime to be charged and charged to the defendant Todd Raymond Bradshaw regarding narcotics abuse as stipulated in Article 127 of the Republic of Indonesia Law No. 35 of 2009 concerning Narcotics.

However, it turned out that the prosecutor in his indictment did not charge the defendant with Article 127 of the Republic of Indonesia Law Number 35 of 2009 concerning Narcotics.

Therefore, based on the provisions of Article 184 paragraph (4) of the Criminal Procedure Code, in this case the Panel of Judges considers the actions committed by the defendant in accordance with the articles charged by the Public Prosecutor in his indictment.

The judge considered the prosecutor's indictment whose elements had been declared fulfilled by the defendant's actions, namely Article 111 paragraph (1) of the Republic of Indonesia Law Number 35 of 2009 concerning Narcotics, with the provision of a special minimum sentence, namely imprisonment for a minimum of four years.

However, according to the judge, based on the facts revealed at the trial, it was related to a description of the consideration that the Panel of Judges sentenced him to a prison sentence below or lower than the minimum sentence, and without imposing a fine with reference to the provisions of Article 127 of the Republic of Indonesia Law Number 35 of 2009 concerning Narcotics.

Regarding this decision, the Public Prosecutor stated that he was still thinking about it. Likewise, the defendant Todd Raymond Bradsaw stated that he was still thinking about whether to accept the decision or file an appeal.

Previously in the description of the indictment submitted by the prosecutor, the defendant Todd Raymond Bradshaw was caught carrying marijuana and secured by Customs and Excise (Customs) officers on Wednesday (15/2) at around 18.20 WITA at the International Arrival Terminal of I Gusti Ngurah Rai Airport Tuban, Kuta District, Badung Regency, Bali.

The defendant was arrested moments after the Batik Air plane on the Perth (Australia)-Denpasar (Bali) route he was traveling in arrived and landed at Ngurah Rai Tuban International Airport, Kuta, Badung, Bali.

During the examination carried out by Customs and Excise officers against the defendant Todd Raymond Bradshaw, evidence was found in the form of a white plastic clip bearing the contents of medical.

After being examined by officers, the officers contained a clip containing plants in the form of green clumps of brownishness which allegedly contained a class I narcotic preparation of delta 9 tetrahydrocannabinol (ganja) weighing 25.18 grams gross or 10.50 grams net.

The evidence was found in the gray suitcase of the Flylite brand, which the defendant TRB brought from his house in Australia at that time.

Based on the news of the criminalistic laboratory examination on February 17, 2023 by the Bali Regional Police, the evidence in the form of a plastic clip package containing plants in the form of green clumps of brownishness contains the preparation of class I narcotics of marijuana.

After being questioned by officers, the defendant TRB admitted to getting the item by buying it at a drug or pharmacy store in Down City, Australia, for 600 Australian dollars. The defendant admitted to buying the item on Monday, November 14, 2022.