A 41-year-old English man who claimed he inadvertently imported 48.65 grams of cannabis into the island via ferry has been given a suspended sentence by the Royal Court.
Daniel Buxcey pleaded guilty to a single charge and was on unconditional bail up to sentencing.
Prosecuting Advocate Phoebe Cobb told the court he was stopped by the Guernsey Border Agency after entering the island on a ferry from Poole on 17 April of this year, with the smell of cannabis coming from his vehicle.
He denied having anything to declare or knew of prohibited items in the car, and that he periodically visited the island for work.
A customs dog then detected drugs under the rear passenger seats where 14.04 grams of cannabis were found inside a plastic bag. He was arrested and cautioned.
The next day mechanics removed seats from the seized vehicle and found an additional 27.74 grams in one package, and 6.87 grams split between two packages. Buxcey was further arrested.
In his first interview with police, after his first arrest, Buxcey denied all knowledge of cannabis and suggested it may have been hidden there by a friend some weeks back in the UK after his car was pulled over by police for a broken taillight.
He was open about his use of cannabis and thought the smells coming from the car could’ve been because he had smoked inside it recently.
Following his second arrest, Buxcey admitted ownership of the additional amounts of cannabis. He told police he had hidden it there in the spur of the moment following an argument with a family member but had forgotten about it.
He insisted he had never intended to bring cannabis into the island as he was aware of the penalties for doing so.
He provided his mobile devices to officers and no further evidence was found. Advocate Cobb did not request further drug trafficking enquiries but did apply for the forfeiture and destruction of the drugs.
Pictured: The GBA stopped Buxcey at the harbour Car Hall.
Advocate Liam Roffey, defending, said the quantities of cannabis found were at the lowest end of the scale.
He argued the importation wasn’t sophisticated as the cannabis was concealed in plastic bags, and its smell was “immediately” apparent to customs officers.
The court may be unimpressed with his explanation but full credit for his cooperation throughout the investigation should be granted, he added.
Buxcey was a “devoted” husband and father who happily worked to support his family despite suffering from chronic and “excruciating” back pain, for which he receives a disability benefit in the UK, Advocate Roffey said.
He requires a stick to walk and struggles getting dressed. Advocate Roffey believed that if Buxcey was resident in Guernsey he would be able to lawfully access cannabis. His self-medication for his pain was reluctant due to him taking “no pleasure” in breaking the law.
Advocate Roffey asked for a suspended sentence to be imposed, which would “have teeth” due to his frequent work trips to the island, and because he would experience physical discomfort in prison.
Judge Russell Finch, sentencing, said Buxcey was an “abuser of cannabis” and the amount imported “certainly” wasn’t small.
Nevertheless, he said it was “plainly” for personal use and that a suspended sentence “just” accounts for the circumstances of his “exceptional” case.
Buxcey was given an 18-month prison sentence, suspended for three years.
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