Courts / Cork / Report
Court quashes drugs conviction of man who had dried cactus extract
Summary
In February 2022 the Court of Appeal quashed the conviction of Alexander Rojas Rey, 44, who had been found with dried cactus extract containing mescaline. Rey had pleaded not guilty to possession of mescaline for sale or supply and to possession of the drug itself. He was found guilty in a trial and sentenced in November 2019 to 100 hours of community service instead of 12 months' imprisonment. Rey appealed, arguing that Judge James McCourt had erred by allowing the jury to decide a question of law about whether the substance was a controlled drug. Justice Isobel Kennedy ruled that the trial judge should not have permitted the jury to decide that question and therefore quashed the conviction. A hearing will decide whether a retrial is required. The case centred on whether dried cactus extract is a controlled substance under the Misuse of Drugs Act 1977.
Who, what, where, when and why
What: Report matter: Court quashes drugs conviction of man who had dried cactus extract. Charges or matters: being in possession of mescaline for sale or supply, contrary to section 15 of the Misuse of Drugs Act 1977, and to possessing the same drug, contrary to section 3 of the same act, at his home on January 23, 2018. Procedural stage: appeal. Findings: Found guilty
When:
- January 23, 2018 Incident
- November 2019 Incident
- 2022-02-25 Publication
Why: However, Ms Justice Kennedy stated it was the court's belief that Judge McCourt failed to inform the jury that "in order to determine whether this particular substance was mescaline, they had to decide if the powdered substance found had been extracted from its naturally occurring form and rendered useable". CNI source report
Case subjects
Appellant
Charges: being in possession of mescaline for sale or supply, contrary to section 15 of the Misuse of Drugs Act 1977, and to possessing the same drug, contrary to section 3 of the same act, at his home on January 23, 2018 (Proven)
Plea: Not guilty
Finding: Found guilty
Outcome: Found guilty; He was found guilty after a trial, however, and in November 2019 at Cork Circuit Criminal Court was given a community service order of 100 hours in lieu of 12 months' imprisonment by Judge James McCourt.
Places mentioned
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