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Pair who swapped medicinal cannabis given suspended sentences

Pair who swapped medicinal cannabis given suspended sentences

Monday 10 June 2024

Pair who swapped medicinal cannabis given suspended sentences

Monday 10 June 2024


The thwarted attempt of a man attempting to import illegal steroids into the island led to the revelation that he and a friend had been lending each other cannabis from their legal prescriptions, with the case the first of its kind to go before Guernsey’s Royal Court.

Nathan Alan Lucas (31) and Reece Nicholas Charles Baudains (36) had both pleaded guilty to supplying their prescription cannabis to each other sometime between 1 October 2022 and 11 October 2023.

But that only came to the attention of authorities after Guernsey Border Agency inspected a package addressed to Lucas on 10 October 2023, which was found to contain just under hundreds of Class C steroid tablets. 

A search of his property revealed a plastic tub of medicinal cannabis, but with Baudains’s name on itLucas was additionally charged and pleaded guilty to importing steroids.  

The pair both admitted to swapping small quantities of prescribed cannabis in separate police interviews and took responsibility without legal representation present. 

Lucas denied ordering the steroids and said he was uninterested in them. He explained that sometimes cannabis prescriptions can have processing delays and he would swap cannabis with Baudains until his prescription arrived “and vice versa”. 

He told police it was a “silly mistake” and denied that money or third parties were involved. 

However, after surrendering his phone and laptop to police evidence of him researching the steroids in question was uncovered. 

Baudains was arrested after the tub bearing his name was discovered, and he too said it was “just a swap”, money was never involved, and it was only between him and Lucas. He also gave his mobile phone to investigators.  

Cannabis.jpg

Pictured: Cannabis prescriptions have been available since 2019.

“Unusual set of circumstances” 

Advocate Chris Green, defending Lucas, said his client had provided full and rank admissions about the “limited” cannabis swaps to police, noting that it was unlikely the prosecution could proceed without his voluntary testimony.  

The case was “peculiar” with an “unusual set of circumstances”, he said. 

Advocate Green said the steroids were for personal use with the quantities only amounting to a 12-week course, with the importation coming off the back of Lucas’s body consciousness. 

Several “powerful” character references were referred to, highlighting Lucas as a hardworking businessman and dedicated to his family.  

Lucas also directly addressed the court, apologising to them and his family: “I can’t change the past, but I can change the future”. 

Advocate Oliver Fattorini, defending Baudains, similarly labelled the case “unusual”, and impossible to prosecute without his cooperative confession.  

Baudains had been honest and taken full responsibility with no evidence of harm to either men or cannabis falling into the hands of people without prescriptions, he said. 

Advocate Fattorini said his client had mistakenly thought swapping prescribed cannabis was akin to swapping ibuprofen tablets.  

His appearance in the Royal Court tied to Lucas was only because a Magistrate had decided the pair should be sentenced together, rather than just Baudains in the lower criminal court. 

Baudains was a business owner, winning awards for his work, and also a parent, with the court proceedings having an impact on his mental wellbeing, Advocate Fattorini added. 

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Pictured: The defendants appeared together in the Royal Court.

“Guard that chance” 

Judge Catherine Fooks, sentencing, noted there were no sentencing guidelines for the supply of medicinal cannabis but concluded it crossed the custody threshold despite it being unclear the quantities and frequency involved, and the ignorance of the defendants.  

It was accepted that there was no financial gain or wider supply involved in the swaps, with Lucas’s explanation for personal use of the steroids also accepted. 

She said both men had accepted guilt and didn’t attempt to minimise what they had done, as well as recognising the pair as hardworking and family men.  

A starting point of one-year in prison was reached for the cannabis, but this was later reduced to three months, and suspended for two years, alongside a £750 fine, with Judge Fooks acknowledging the disproportionate effect” of prison on their families.  

Lucas was also ordered to perform 180 hours of community service for importing the steroids as a direct alternative to one-year in prison.  

“You have risked everything”, she told Lucas. Baudain’s involvement was “less serious but she told him he had “made a big mistake”. 

I’m giving you the chance to stay with your families and work in the community. Guard that chance.”  

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