"Family man" who imported cocaine through post avoids prison

Tuesday 14 December 2021

A 47-year-old who admitted importing 23g of cocaine through the post, and supplying a small amount to friends, has been given 480 hours of community service.

Jose Carlos Aguiar was handed the longest non-custodial sentence that the Royal Court can give, after it heard that he was a “model employee” and “dedicated family man”.

The Crown asked for a four-year prison sentence but Deputy Bailiff Robert MacRae, who was sitting with Jurats Elizabeth Dulake, Kim Averty and Andrew Cornish said that there were enough exceptional factors to allow Aguiar to serve his sentence performing around two years of unpaid work.

These included a full and frank admission of guilt,  which included telling Customs officers about importations they were not aware of, his "genuine" remorse, evidence of good character from employer references, and the fact he had given up taking drugs from the moment he was arrested on 12 March this year.

Crown Advocate Richard Pedley told the court that a Customs officer had examined a parcel at Postal Headquarters addressed to Aguiar, and discovered a packet containing just over 7g of the Class A drug.

Pictured: Advocate Julia-Anne Dix defended Aguiar.

Although initially denying the parcel was his, Aguiar handed over his mobile phone and PIN number to officers. A few days later, they found a small bag containing traces of cocaine during a search of his bedroom.

The same morning, Aguiar voluntarily went to the Elizabeth Terminal to speak to Customs officers, where he was arrested.

He gave a full admission, admitted imports totalling 23g, which had a street value of up to £4,600. Aguiar said the drugs were for his own use; however, he had given a small amount - less than half a gramme - to two or three friends.

Advocate Pedley said: “He said he had not sold any for cash but had accepted drinks in return. His candour in interview was such that he said it was possible that he would have started to supply cocaine for cash in the future.”

Defending, Advocate Julia-Anne Dix said: “It is clear that everyone who knows Mr Aguiar are all flabbergasted as to why he is in this court today. He is a devoted father who is exceptionally hard working.

“Luckily, his addiction to cocaine was short-lived and his arrest was the wake-up call that he needed. 

“He has stopped on will power alone but he recognises that will need to engage with services to stay drug-free, something he is more than prepared to do.”

The Deputy Bailiff said that the Jurats had “just been persuaded” that a non-custodial sentence was the correct option; however, he warned Aguiar that he would face serious consequences if he reoffended, including possible deportation.

“We hope we never see you again in this Court,” he said.