Sandys man sentenced to jail for drugs wins appeal
offences won his appeal to have his case retried, in the Supreme Court yesterday.
Joe Luis Madeiros of Spring Benny Road, was charged in April 1993 in Magistrates' Court with possessing, handling and supplying 809.7 grams of cannabis.
However, he told the court that he had only handled approximately 110 grams of the cannabis.
But on November 8, 1993 Magistrate the Wor. Cheryl-Ann Mapp sentenced Maderios to a year in prison for being in possession of the entire 809.71 grams.
In April, the court heard that on December 18, 1992, Madeiros went to the Federal Express office in the Washington Mall and picked up two boxes containing 17 music records for his friend.
He then dropped the boxes off to his friend, who was waiting at the Donut House, and took a taxi home.
Police pulled the taxi over at Hayward's store in Warwick and asked Madeiros where he took the boxes.
The court also heard how Police previously removed 15 of the 17 records, which contained the drugs, and replaced them with crab grass before putting them back in the boxes at the Federal Express office. Madeiros was then left with between 110 and 114 grams of cannabis.
His lawyer Mr. Phil Perinchief told the Supreme Court yesterday that "the sentence was out of alignment with like cases that have been dealt with in Magistrates' Court and the Supreme Court.'' He added that the Magistrate had "sentenced Maderios on the wrong basis and therefore the matter ought to be sent back to Magistrates' Court for retrial.'' Mr. Perinchief also said Mrs. Mapp sentenced Madeiros according to the 809.71 grams when he denied handling that amount.
But Crown Counsel Mr. Peter DeJulio said that if the amount of cannabis Madeiros had in his possession was such an important point at the time it should have been made clear.
Chief Justice the Hon. Mr. Justice Ward said Madeiros pleaded guilty to handling two records containing between 110 and 114 grams of cannabis.
"It should have been made clear at the time of sentencing what amount of cannabis Madeiros was pleading guilty to possessing,'' Mr. Ward said He ordered that the case be sent back to Magistrates' Court for retrial.
