Chicora Welborn v R - Judgment

¶ 250919 Chicora Welborn v R: SCA 5 of 2025, Coram Richards J, KC – Judgment Page 1 of 20 IN THE GRAND COURT OF THE CAYMAN ISLANDS 1 CRIMINAL DIVISION 2 3 Neutral Citation Number: [2025] CIGC (Crim) 66 4 SCA 5 of 2025 5 6 7 8 CHICORA WELBORN 9 10 V. 11 12 R 13 14 Appearances: Mr. Richard Barton for the Appellant 15 16 Mr. Martin Mulgrew, Crown Counsel, Office of the Director of Public 17 Prosecutions for the Respondent 18 19 20 Before: The Hon. Justice Cheryll Richards KC 21 22 Submissions Heard: 25th July 2025, 27th August 2025 and 10th September 2025 23 24 Judgment Delivered: 19th September 2025 25 26 27 28 Criminal Law – Appeal against sentence pursuant to s.165 of the Criminal Procedure Code (2021 29 Revision). Principles on Appeal. Whether sentence manifestly excessive or wrong in principle. 30 31 32 33 34 35 36 37 250919 Chicora Welborn v R: SCA 5 of 2025, Coram Richards J, KC – Judgment Page 2 of 20 JUDGMENT 1 2

¶ [1] This is an appeal against sentence pursuant to section 165 of the Criminal Procedure 3 Code (2021 Revision). 4 5

¶ [2] On the 17th March 2025, the Appellant was sentenced by the Summary Court following 6 her guilty pleas to three charges of Importation of a Controlled Drug contrary to s.3 (1) 7 (a) of the Misuse of Drugs Act (2017 Revision) committed on the 9th March 2025 at 8 the Owen Roberts International Airport in Grand Cayman. The charges are as follows: 9 - 10 Charge 1- Importation of 94 gummies containing cannabinoid delta -9 THC of a 11 weight of 10.96 ounces. This is classified as a hard drug under the Act. The weight 12 being more than 2 ounces, the maximum penalty is 20 years imprisonment and or 13 an unlimited fine. 14 15 Charge 2 - Importation of a glass jar of Escape Artists Relief Cream containing 16 cannabinoid delta -9 THC of a weight of 1.09 ounces. This is classified as a hard 17 drug under the Act. The weight being less than 2 ounces the maximum penalty is 18 15 years imprisonment and or an unlimited fine. 19 20 Charge 3 - Importation of 4 pre-rolled cannabis cigarettes of a weight of 0.05 21 ounces. This is classified as a soft drug under the Act. The maximum penalty is 7 22 years imprisonment and a fine of $20,000.00. 23 24

¶ [3] The learned Magistrate (“the Magistrate”) has provided reasons for sentencing. The 25 undisputed facts are that the Appellant was a visitor to the Cayman Islands from Texas. 26 The Appellant arrived here by the airport on the date stated. Some of her bags were 27 selected for screening whereupon she admitted being in possession of THC gummies. 28 This led to a search of all her bags and the THC cream, and the ganja cigarettes were 29 250919 Chicora Welborn v R: SCA 5 of 2025, Coram Richards J, KC – Judgment Page 3 of 20 found. In interview under caution the Appellant admitted possession and said that she 1 had packed in a hurry for the trip and did not knowingly import the drugs. 2 3

¶ [4] In mitigation on sentencing the Court was provided with a note from the Appellants’ 4 physician which recommended a cannabis product for her medical condition and one 5 character reference. 6 7

¶ [5] The Magistrate assessed Charges 1 and 2 to be offences of low culpability and 8 considered a starting point based on the Chief Justice’s 2002 Guidelines. In arriving at 9 the starting point the Magistrate took the following matters into account: 10 11 i) The Chief Justices 2002 Sentencing Guidelines and the overall aims of 12 sentencing in the Alternative Sentencing Act. 13 ii) The Appellant’s genuine remorse and early guilty plea. 14 iii) The Appellant’s low culpability. 15 iv) The quantity and total weight of the drugs. 16 v) The Appellant’s medical history based on submissions in mitigation and the 17 medical note from her physician. 18 19

¶ [6] From a starting point of 6 months, the sentence was reduced by reason of the 20 Appellant’s guilty plea to one of 4 months imprisonment. This was suspended for a 21 period of 2 years in light of what was said to be the significant personal mitigation. 22 23

¶ [7] In addition, a starting point of a fine of $90 per gummy was reduced to $60 for a total 24 fine of $5,640.00. 25 26

¶ [8] In respect of Charge 2, the Appellant was fined $600.00 or 6-weeks imprisonment. For 27 Charge 3 a fine of $400 or 4 weeks imprisonment in default of payment was imposed. 28 Costs were also ordered to be paid in the amount of $3,789.00. 29 250919 Chicora Welborn v R: SCA 5 of 2025, Coram Richards J, KC – Judgment Page 4 of 20

¶ [9] The total fines and costs amounted to $10,429.00. The Court has been advised that this 1 amount has been paid. 2 3

¶ [10] A conviction was recorded. 4 5

¶ [11] By Notice of Appeal filed on the 27th March 2025, these sentences are appealed. 6 7

¶ [12] The submission before this Court is that the overall sentence imposed was manifestly 8 excessive in all the circumstances given the nature of the offences, the personal 9 circumstances of the Appellant and the applicable sentencing principles. 10 11

¶ [13] Counsel for the Appellant submits that the Magistrate prescribed the wrong starting 12 point of 6 months and failed to adequately discount for mitigation so as to further 13 reduce the sentence. It is submitted that the offending lacks the characteristics of the 14 offending contemplated in the sentence guidelines. 15 16

¶ [14] Counsel submits that the gummies were medically prescribed after the Appellant 17 underwent surgery in 2024. They were lawfully purchased in her home state of Texas 18 as evidenced by the prescription. They were not concealed, and the Appellant 19 immediately volunteered the presence of other items upon the initial search. It is 20 submitted that the recovery of the items was consistent with personal use. There was 21 no suggestion of trafficking concealment. There was every indication that the items had 22 been hurriedly packed in the wrong but mistaken belief of legal importation. Counsel 23 says that it also appears that the Magistrate relied on both the gross weight of the drug 24 as well as the quantity, in circumstances where the gummies and cream were not 25 isolated from the net ingredients of the total items. 26 27

¶ [15] Counsel submits that in these circumstances, the starting point of 6 months in respect 28 of Charge 1 and taken together with the fines imposed on the other two Charges was 29 too high. 30 250919 Chicora Welborn v R: SCA 5 of 2025, Coram Richards J, KC – Judgment Page 5 of 20 1

¶ [16] Counsel also submits that in addition, the Magistrate failed to take into account the fact 2 that the Appellant had admitted the offence fully in her interview and omitted to give 3 any additional credit for mitigating circumstances in addition to the timely guilty plea. 4 The mitigating circumstances are said to be the existence of a medical condition, 5 character, lack of intention to traffic or distribute, genuine remorse and cooperation 6 with the authorities. 7 8

¶ [17] Counsel’s primary submission is of the inconsistency in approach to sentencing, citing 9 the case of Caley and Others v. R1. Counsel refers to what he said is an extreme 10 departure from other sentences imposed in other cases in this jurisdiction. 11 12

¶ [18] Counsel has drawn to the Courts’ attention a number of cases sentenced in the Summary 13 Court involving similar circumstances. The case of R v Reginald Wilmar E Walks Jr.2 14 involved Importation of .599 grams of ecstasy, 6.18 grams of ganja and .81 grams of 15 methamphetamine. That defendant was sentenced to a conditional discharge for 12 16 months and costs. 17 18

¶ [19] Counsel also referenced the case of William Cameron McBean3. This defendant 19 imported 79 THC -infused gummies and 6 re-rolled ganja cigarettes which were 20 concealed amongst other commercial cigarettes. No conviction was recorded on the 21 basis that the defendant held a valid prescription and had been clinically diagnosed. 22 23

¶ [20] Counsel for the Respondent submitted in reply that the suspended sentence imposed 24 was not manifestly excessive. Counsel submitted that the act of importation of drugs 25 into the jurisdiction crosses the custody threshold and that the Magistrate was entitled 26 to consider that there were three separate items and that the manner of importation 27 1 [2012] EWCA Crim 2821 2 Summary Court Unreported dated 19th November 2024 3 Summary Court Unreported 12th February 2025 250919 Chicora Welborn v R: SCA 5 of 2025, Coram Richards J, KC – Judgment Page 6 of 20 undermines the suggestion of forgetfulness. Counsel also submitted that the decision 1 to suspend the sentence took into account additional mitigating factors. 2 3

¶ [21] The further submission is that the purpose of the offence of importation is to protect 4 the integrity of an international border which may require deterrent sentences of 5 imprisonment to be passed. As to the totality of the sentence, Counsel submitted that: 6 - 7 “9. The amount of the financial penalty by way of fine the Crown submits is a 8 matter the court may consider again upon appeal and may require some adjustment 9 downwards.” 10 11 DISCUSSION 12 13

¶ [22] Following the first date of hearing of this appeal both Counsel at the request of the 14 Court have carried out extensive research and have provided schedules of sentences 15 imposed by the Summary Court in similar circumstances. These are attached as 16 Appendices to this judgment. 17 18

¶ [23] Section 4 (d) of the Alternative Sentencing Act (2008 Revision) provides that: - 19 20 “A court shall, in imposing a punishment under this Law, take into account the 21 following principles — 22 … 23 a sentence should be similar or proportionate to sentences imposed on similar 24 convicted persons for similar offences committed in similar circumstances;” 25 26

¶ [24] It is plain from the schedules provided by both sides that the sentence in the instant 27 case appears to be significantly out of line with all the other sentences imposed by the 28 Summary Court in similar circumstances. 29 250919 Chicora Welborn v R: SCA 5 of 2025, Coram Richards J, KC – Judgment Page 7 of 20 1

¶ [25] However, the amount of the drug is the highest, the closest being Mr. McBean with 79 2 THC gummies. 3 4

¶ [26] I accept as the Respondent submits that each case must be considered on its own facts. 5 6

¶ [27] The appropriate test on an appeal is that set out in the case of Edwards, McBean, 7 Barnes and Dixon v. R4. The Court held that: - 8 9 “ (1) An appellate court should vary a sentence imposed by the court of first 10 instance only if it was found to be unjustified in law, founded upon a wrong factual 11 basis, based upon matters which should not have been taken into account, or 12 manifestly excessive or wrong in principle. The court should not interfere with a 13 sentence on the ground merely that it would itself have imposed a different one. 14 Accordingly, it should not “tinker” with sentences, changing them slightly to suit 15 its own view of the facts. Section 9(3) of the Court of Appeal Law (1996 Revision), 16 governing appeals from the Grand Court, was to be interpreted in accordance with 17 these principles. The sentencing court, having observed the accused and heard the 18 evidence, was best placed to assess the appropriate weight to afford the different 19 relevant factors, namely protection of the public, deterrence and rehabilitation 20 (paras. 3–6; para. 10).” 21 22

¶ [28] A sentencing judge has a wide discretion which will not ordinarily be interfered with 23 unless there is an error in principle. 24 25

¶ [29] In the 2002 Statement on Tariffs and Guidelines, the Chief Justice said this: 26 27 4 [2001] CILR 334 250919 Chicora Welborn v R: SCA 5 of 2025, Coram Richards J, KC – Judgment Page 8 of 20 “As regards DRUG OFFENCES under the Misuse of Drugs Law and in particular 1 those related to the widespread problem with cocaine abuse in these Islands, the 2 following tariffs are now confirmed: … 3 4 For simple possession, the Court will always do what it properly can to steer an 5 offender along the path of rehabilitation using such resources as are available. Over 6 the past year, 6 charges of simple possession were brought in conjunction with other 7 charges involving possession with intent to supply or importation. In those 8 circumstances, and if the latter charges are proved, the Court has typically allowed 9 the sentence to reflect the more serious offence and might properly see no need to 10 impose a separate penalty for the possession offence. 11 12 Where the offence is possession simpliciter with no related element of dealing or 13 importation but an apparent addiction, the new approach to sentence recognises that 14 the emphasis should be upon rehabilitation. This is the category of offence for 15 which the Drug Court regime will be primarily establish. The intention there will 16 be to ensure compliance with counselling, physical and psychological therapy and 17 random drug testing. The length of the regime will be determined by the needs of 18 the addict. 19 20 Nevertheless, there will be offenders who are in possession not linked to trafficking 21 but who are not yet shown to be addicted and in respect of whom a sentence of 22 deterrence might be appropriate. In such cases a tariff for amounts ranging from 1 23 gram to 10 grams has for many years been and will continue to be 9 to 12 months 24 imprisonment and a fine of up to CI$1,000 for the first offence. For a second or 25 subsequent offence – 1 ½ years and a fine of up to CI$2000.00.” 26 27

¶ [30] These guidelines suggest that the importation of the drug is a more serious offence than 28 possession and should attract more severe penalties. 29 250919 Chicora Welborn v R: SCA 5 of 2025, Coram Richards J, KC – Judgment Page 9 of 20

¶ [31] The 9 to12 month tariff is recommended for cases of possession not linked to trafficking 1 in respect of which a sentence of deterrence might be appropriate. 2 3

¶ [32] In this case, the Magistrate adopted a starting point of 6 months. I accept the submission 4 of the Respondent that the Magistrate was entitled to impose a deterrent sentence in 5 circumstances where the appellant knowingly crossed international borders in 6 possession of drugs. To this I would also add that this was possession of a large quantity 7 of the drug. 8 9

¶ [33] I make it plain that the imposition of what is in effect a four-month sentence in these 10 circumstances does not appear to be manifestly excessive. The error appears to be in 11 not considering a reduction for mitigating circumstances and if none was to be granted 12 explaining the reason for this. 13 14

¶ [34] Section 4 of the Alternative Sentencing Act states: 15 16 “A court shall, in imposing a punishment under this Law, take into account the 17 following principles … (c) that a sentence should be increased or reduced to 18 account for any relevant aggravating or mitigating circumstances relating to the 19 offence or the convicted person,…..” 20 21

¶ [35] The decision whether or not to suspend the sentence is a separate part of the process. 22 23

¶ [36] However, the additional area of concern in this case is as to the principle of totality. 24 The Cayman Islands Sentencing Guidelines provides: 25 26 “ The Court, when sentencing for more than a single offence, should pass a total 27 sentence which reflects all the offending behaviour before it and at the same time, 28 is a sentence which is just and proportionate. This is so whether the sentences are 29 concurrent or consecutive (see 6 below). Thus, concurrent sentences will ordinarily 30 250919 Chicora Welborn v R: SCA 5 of 2025, Coram Richards J, KC – Judgment Page 10 of 20 be longer than a single sentence for a single offence. It is usually impossible to 1 arrive at a just and proportionate sentence for multiple offending simply by adding 2 together notional single sentences. It is necessary to address the offending 3 behaviour, together with the factors personal to the offender as a whole.” 4 5

¶ [37] In this case there was a sentence of imprisonment together with fines and costs of over 6 $10,000.00 and it is the combination or totality which is questioned. This is not a case 7 where the substances are said to be anything other than for personal use. This was 8 offending behaviour which was readily admitted from the first inquiry. The drug was 9 medically prescribed in the home country. The Appellant was of good character with 10 strong mitigation. The question is whether the overall sentence which was imposed is 11 proportionate to the offending and took into account the principle of totality. In the 12 Courts’ view it is not and did not. One or other would be proportionate. 13 14

¶ [38] Consequently, this Court has identified an error in principle which has led to a total 15 sentence which is manifestly excessive. The appeal is allowed to the extent that the 16 sentence of imprisonment imposed on Charge 1 is set aside. 17 18

¶ [39] All other sentences are affirmed, and the convictions remain as recorded. 19 20 Dated this the 19th day of September 2025 21 22 The Hon. Justice Cheryll Richards KC 23 Judge of the Grand Court 24 25 26 27 28 29 30 250919 Chicora Welborn v R: SCA 5 of 2025, Coram Richards J, KC – Judgment Page 11 of 20 APPENDICES 1 APPENDIX 1 – SCHEDULE PROVIDED BY THE APPELLANT 2 3 Date Name Charge Plea Sentence/Outcome

¶ [1] 9 July 2025 “Tourist” Importation of cannabinol derivatives (17 gummies) Guilty plea. Absolute discharge. No conviction recorded.

¶ [2] 2 July 2025 Spencer Graves and Toi Barnhardt Importation of cannabinol derivatives (25 gummies) Guilty plea. Absolute discharge with no conviction. Costs of $1,000 or 10 days in default

¶ [3] 1 July 2025 Defendant Guilty plea. Conditional discharge for 6 months following which no conviction will be recorded. Costs of $500 or 5 weeks in default.

¶ [4] 18 June 2025 Matthew Ellis Importation of cannabinol derivatives (65 gummies) Guilty plea. No conviction recorded. $1,200 or 12 weeks in default.

¶ [5] 2 June 2025 Christine Merrill Importation of 69 gummies containing cannabinol derivatives Guilty plea. $1,747.25 cost for drug testing and investigation. Conditionally discharged for 18 months.

¶ [6] 2 June 2025 Calvin Donald Importation of a vape pen containing less than two grams of cannabinol derivative Guilty plea. Unconditional discharge for 18 months. Costs of $1,747.25 and no conviction recorded. 250919 Chicora Welborn v R: SCA 5 of 2025, Coram Richards J, KC – Judgment Page 12 of 20

¶ [7] 23 May 2025 Sahil Sethi Importation of a controlled drug (20 gummies) And (4 vape pens) Guilty plea. Conditionally discharged for 18 months. No conviction recorded. Costs of $2,260

¶ [8] 10 April 2025 Ronald Carlton Importation of a controlled drug (20 gummies) Guilty plea. Absolute discharge. No conviction recorded. Cost of $1,000 or 10 weeks in default.

¶ [9] 17 March 2025 Chicora Welborn Importation of a controlled drug (96 gummies), Importation of cannabinoid artists relief cream and Importation of ganja Guilty plea. Custody – 4 months imprisonment suspended for 2 years. Fined $5,640 or 3 months imprisonment in default. Fined - $600 or 6 weeks in default. Fined - $400 or 4 weeks in default. Cost to Crown $3,789 or 2 months in default.

¶ [10] 17 March 2025 Victoria Helena Cook Importation of cannabinol derivatives 10 gummies containing Delta 9 THC Guilty plea. Pay $400 and $631.50 for cost of drug certificate. No conviction recorded.

¶ [11] 17 March 2025 Ellen Elizabeth Guisto Importation of 30 gummies Fined $600 per charge amounting to $1,800. Subsequently reduced to $1,200. Plus $400 for cost to CBC and $1,713 for the cost of drug certificate. A conviction was recorded.

¶ [12] 12 February 2025 William Cameron McBean Importation of 79 gummies containing THC, two vape cartridges containing Guilty plea. Absolute discharge and no conviction recorded. Fined $3,500 or 35 weeks in default. 250919 Chicora Welborn v R: SCA 5 of 2025, Coram Richards J, KC – Judgment Page 13 of 20 THC, one bottle containing cannabinol derivatives and six pre rolled ganja cigarettes

¶ [13] 12 February 2025 Kigan Colleen Prendergast Importation of controlled drugs in the form of cannabinol derivatives (vape cartridges) Guilty plea. Absolute discharge and no conviction recorded. Prendergast $1,200 in cost to Crown or 12 weeks in default.

¶ [14] 12 February 2025 Courtney Michelle Eyster Importation of controlled drugs in the form of cannabinol derivatives (107 gummies) each containing less than two grams of D8 & D9 THC Guilty plea. Absolute discharge and no conviction recorded. Fined $3,500 or 30 weeks in default.

¶ [15] 12 February 2025 David Robert Mayer Importation of two vape pens containing less than two ounces of cannabinol derivatives being Delta 9 THC, Delta 8 THC, CBN and CBD. Guilty plea. Absolute discharge. No conviction recorded. Costs of $1,000 to crown or 10 weeks in default

¶ [16] 23 January 2025 Linda Lopez Importation of cannabinol derivatives (30 gummies) Guilty plea. Conditional discharge for 18 months. No conviction recorded as long as no crime committed during that period. Pay $915 for drug 250919 Chicora Welborn v R: SCA 5 of 2025, Coram Richards J, KC – Judgment Page 14 of 20 testing and prosecution cost.

¶ [17] 23 January 2025 Derek Powell Importation of cannabinol derivatives (20 gummies) Guilty plea. Conditional discharge for 18 months as long as no crime is committed in the Cayman Islands during this period. Pay $540.75 for drug testing and cost to prosecution or 3 months in default.

¶ [18] 22 January 2025 Visitor from the USA Importation of cannabinol derivatives (20 gummies) Unconditional discharge. No conviction recorded Cost of drug certificate $315.75 or 3 weeks in default.

¶ [19] 14 January 2025 Jordyn Alessi Importation of a controlled drug (gummies containing cannabinol derivatives only CBD) Guilty plea. Absolute discharge. No conviction recorded. Costs to Crown of $800 or 8 weeks in default

¶ [20] 14 January 2025 Dina Wilson Importation of 10 gummies containing THC and mushroom containing Psilocin. Guilty plea. An absolute discharge. No conviction recorded. Costs of $1,813 For Psilocin $1,000 or 10 weeks in default.

¶ [21] 11 January 2025 Eric Fisher Jefson Importation of 20 gummies containing less than two ounces of cannabinol Derivatives Guilty plea. Unconditional discharge. Pay $1,000 or 10 weeks in default No conviction recorded. 250919 Chicora Welborn v R: SCA 5 of 2025, Coram Richards J, KC – Judgment Page 15 of 20

¶ [22] 9 January 2025 Cory Jane Mason Williams Importation of cannabinol derivatives (tonic drinks) Guilty plea. Absolute discharge with no conviction recorded. Pay $1,100 or 11 days in default.

¶ [23] 7 January 2025 Najala Seales Importation of 16 gelatinous pills containing D8 THC, D9 THC and CBD. Guilty plea. Absolute discharge with no conviction recorded. Costs to Crown $1,200 or 12 days in default.

¶ [24] 24 December 2024 Milan Heath II Importation of cannabinol derivatives (12 gummies) Guilty plea. Unconditional discharge. No conviction recorded. Costs to Crown of $600 or 6 weeks in default.

¶ [25] 24 December 2024 Adam Scott Zucker Importation of cannabinol derivatives (20 gummies) Guilty plea. Unconditional discharge. No conviction recorded. Costs $1,000 or 10 weeks in default.

¶ [26] 24 December 2024 Nazar Vincent Importation of 10 gummies containing 50 milligrams of cannabinol derivatives and 6 pre rolled cigarettes containing ganja Guilty plea Unconditional discharge and no conviction recorded. Pay $1,100 before passport returned.

¶ [27] 16 December 2024 Kristia Royes Importation of a vape pen Guilty plea. No conviction recorded. Costs of $3,000 or 30 weeks in default. 250919 Chicora Welborn v R: SCA 5 of 2025, Coram Richards J, KC – Judgment Page 16 of 20

¶ [28] 16 December 2024 Defendant Importation of 5 gummies containing less than 2 ounces of cannabinol derivatives Guilty plea. Conditionally discharged for 12 months. Cost of $1,000 or 10 weeks in default.

¶ [29] 9 December 2024 Jenessa Christine Cole Importation of cannabinol derivatives (gummies) Guilty plea. $500 or 5 weeks in default Forensic testing cost $406.50.

¶ [30] 9 December 2024 Shannon Nicole Smith Importation of cannabinol derivatives (5 gummies) Guilty plea. Forensic testing cost $406.50. No conviction recorded.

¶ [31] 20 November 2024 Justin Guadagnoli Importation of cannabinol derivatives (15 gummies) Guilty plea. Fined $900 or 90 days in default. Pay $315.75 for drug testing cost or 31 days in default. A conviction was recorded.

¶ [32] 20 November 2024 Michael Kandhorov Importation of cannabinol derivatives (20 gummies) Guilty plea. Conditionally discharged for 2 years. Costs of $1400 or 3 months in default. No conviction recorded.

¶ [33] 20 November 2024 Daniel Murray and Alessandra Venore Importation of ganja, chocolates containing ganja, gummies and psilocin Guilty pleas. $300 or 30 days in default in re to importation of pre- rolled ganja cigarettes. $300 or 30 days in default for the importation of chocolates containing ganja.$200 each or 20 days in default for importation of gummies.$500 each or 50 days in default for importation of Psilocin.$1,535.2 5 or 60 days in default for cost of forensic testing. Overall 250919 Chicora Welborn v R: SCA 5 of 2025, Coram Richards J, KC – Judgment Page 17 of 20 total: $3,535.25

¶ [34] 14 November 2024 Russ Todd Bogue Importation of cannabinol derivatives (1 gummy) and a vape pen containing the derivatives D8 THC and D9 THC Guilty plea. Costs of $1,000 or 10 weeks in default. No conviction recorded.

¶ [35] 14 November 2024 Jeffrey Charles Henry Importation of cannabinol derivatives (1 gummy) Costs of $500 or 5 weeks in default. No conviction recorded.

¶ [36] 14 November 2024 Sean Paul Brewer Possession of vape cartridges containing D8 THC and D9 THC. Guilty plea. $800 or 8 weeks in default. No conviction recorded.

¶ [37] 13 November 2024 Thomas Wood Possession of ganja, one gummy (which should have been 20) and a vape cartridge Guilty plea. Costs $3,000 or 3 months in default. No conviction recorded.

¶ [38] 12 November 2024 George Ingle Ebanks Importation of cannabinol derivatives Guilty plea. Costs of $181.50 or two weeks in custody. No conviction recorded

¶ [39] 6 November 2024 Tourist Importation of cannabinol derivatives (gummies) Guilty plea. Fined $500 Costs to Crown $315. A conviction is recorded.

¶ [40] 21 October 2024 Charlie Mitchell Importation of a controlled drug (20 gummies) Guilty plea. Conviction recorded. Fine $600 or imprisonment for 6 months. No order for cost.

¶ [41] 21 June 2024 Antoni Porowski Importation of a controlled drug (12 gummies) Guilty plea. 250919 Chicora Welborn v R: SCA 5 of 2025, Coram Richards J, KC – Judgment Page 18 of 20

¶ [42] 19 March 2024 Christian Guzman Importation of a controlled drug (gummies) Guilty plea. Costs of $500 or 5 weeks in default No conviction recorded.

¶ [43] 12 July 2023 Jelena Hadid Importation of ganja and importation of a utensil used in the preparation of ganja Fined $1,000 and costs of 1,016.25. No conviction recorded

¶ [44] 12 July 2023 Leah McCarthy Importation of ganja and importation of a utensil used in the preparation of ganja. Fined $1,000 and no conviction recorded.

¶ [45] 12 July 2023 Sha’n Hall Importation of ganja and importation of a controlled drug Absolute discharge. Cost $947.25 or 95 days in default. $500 or 50 days in default. No conviction recorded. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 250919 Chicora Welborn v R: SCA 5 of 2025, Coram Richards J, KC – Judgment Page 19 of 20 APPENDIX 2 – SCHEDULE PROVIDED BY THE RESPONDENT 1 2 Date Name Charge Summarised relevant facts Plea Outcome 1 14/07/25 Madeline Nicole Hoff Importation of a Controlled Drug (Derivatives – Gummies) A Ziplock bag found with various sizes of 16 THC gummies. She did not know they were illegal and apologized for bringing them in. Guilty – early plea Absolute discharge - No conviction rec. Prosecution costs of $500.00 or 10 days in default. Defendant to pay before passport is returned. Drugs forfeited and destroyed 2 11/07/25 Daniel P Sandoval Importation of a Controlled Drug (Cannabinol Derivatives – Gummies) Admitted to having some medications containing THC. 16 gummies, 18 green pills, 15 white pills were found. He claimed that he misread an article and was under the impression that ganja had been decriminalized. Guilty - early plea Absolute discharge - No conviction recorded. Prescription drugs returned. 3 20/06/25 Forrest Jeptha Campbell Importation of a Controlled Drug Admitted to having cannabis gummies when asked if they had anything to declare. 2 tubs were seized containing a total amount of 325.6g of CBD Guilty - early plea Absolute discharge - No conviction recorded Fined $1,600 or 16 days default. Defendant to pay before passport is returned. Drugs forfeited and destroyed 4 20/06/25 John Harley Smith Importation of a Controlled Drug Asked if they had anything to declare, they said no. In particular they were asked if they had any THC or CBD products. Guilty - early plea Absolute discharge - No conviction recorded. Fined $650 or 6 days in default. 250919 Chicora Welborn v R: SCA 5 of 2025, Coram Richards J, KC – Judgment Page 20 of 20 Upon a search a packet tub of deep sleep cannabis gummies was found and an analysis showed they contained 94.9g of THC/CBD. Defendant to pay before passport is returned. Drugs forfeited and destroyed 5 20/06/25 Cheryl Ann Campbell Importation of a Controlled Drug Asked if they had anything to declare, they said no. In particular they were asked if they had any THC or CBD products. Upon a search a packet tub of deep sleep cannabis gummies was found and an analysis showed they contained 64.9g of THC/CBD. Guilty - early plea Absolute discharge - No conviction recorded. Fined $800 or 8 days in default. Defendant to pay before passport is returned. Drugs forfeited and destroyed 6 03/06/25 Alexis Nicole Mora Importation of a Cannabinol Derivative (Gummies) & Importation of a controlled drug (ganja) Initially denied possession of contraband. Admitted to using them back home. When asked if she had anything, she said yes in my suitcase and directed them to it. In her possession she had 25 gummies & 2 vape pens. In total she imported 8.63g Guilty - early plea Absolute discharge - No conviction recorded. Fined $2000 or 20 days in default. Defendant to pay before passport is returned. Drugs forfeited and destroyed. (Both charges, same outcome) 7 03/06/25 Alexander Nguyen Importation of a Controlled Drug 38 THC pills and 6 THC shots found. Admitted he takes them for medicinal purposes. Guilty - early plea No conviction recorded. Fined $1800 or 18 days in default. Defendant to pay before passport is returned. Drugs forfeited and destroyed 1