Courts / Cork / Report
Man who successfully appealed cactus mescaline conviction to face retrial
Summary
Alexander Rojas Rey, 44, of Cork, was found guilty in 2019 of possessing mescaline for sale and of possessing the drug itself, and received a 100‑hour community service order instead of 12 months' imprisonment. He appealed, arguing that the trial judge had erred by allowing the jury to decide whether the substance he possessed was a controlled drug. The Court of Appeal quashed the conviction. At a hearing, the Director of Public Prosecution said it intended to bring Rey to retrial, and Rey's counsel had no objection. The case was adjourned to 29 March. The appeal judge noted that the judge had failed to inform the jury that determining whether the powdered substance was mescaline required deciding if it had been extracted from its natural form and rendered consumable. The court also observed that the jury had been told the powder was not a controlled drug, yet the judge had directed that mescaline is a controlled substance. Alexander Rojas Rey pleaded not guilty.
Who, what, where, when and why
What: Report matter: Man who successfully appealed cactus mescaline conviction to face retrial. 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
- March 29 Adjournment
- 2022-03-11 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.; The case was adjourned to March 29.
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