Rapper handed community service for importing drugs

Saturday 18 December 2021

A 21-year-old Jersey rapper, who said he imported cannabis to self-medicate because he was unable to get a legal prescription, has been given 312 hours of community service.

Fabio Andre Geraldo Gomes - who has more than 22,000 listens on one song on his 'Fabio G' Spotify profile - was also handed a year-long probation order as he was sentenced in the Royal Court for seven drug-related offences committed over the course of a year.

In July 2020, a parcel addressed to Gomes was intercepted by Customs. It contained two blocks of cannabis resin weighing 98.82g.

After searching his home five days later, officers found two plastic bottles containing 11.96g and 0.378g of a synthetic cannabinoid called MDMB-4en- PINACA. They also found 0.772g of MDMA. They also seized an iPhone, a roll of clingfilm and silver foil, a bag of empty plastic bottles and a bong. 

He was arrested, and during an interview later that day, he told police he was addicted to 'weed' and ordered 100g of cannabis from the dark web.

He suggested he used the clingfilm and foil to wrap his sandwiches, and that he had been given the synthentic cannabinoid for free. He told officers he was holding the MDMA for a "buddy" and that he was going to give it back to his friend. 

When his phone was examined, texts were found concerning the supply of cannabis dating from March to May 2020.

Then between February and March 2021, Customs intercepted three parcels addressed to Gomes containing cannabis, with a total of weight of 19.63g of cannabis.

Three bags of sweets were also found weighing a total of 38.53g - the sweets contained THC along with other cannabinoids, though it was not possible to establish what weight the THC was.

In April 2021, Gomes' home was searched, and he was arrested and cautioned, with his phone seized.

He later told police in interview that he was not a drug dealer and admitted that he had imported the drugs for his own use, knowing it was illegal.

In July 2021, a parcel addressed to Gomes' home address was intercepted, where they found 13.89g of cannabis and a pair of sunglasses.

On interview after an arrest and caution, Gomes told officers a 'fan' of his in the UK had wanted to send him a pair of free sunglasses, having contacted him after the release of his single 'Senorita' in July, and that the fan must have put the substances in the envelope as a "little gesture". He denied still using cannabis.

Prosecuting, Advocate Chris Baglin recommended the Royal Court sentence Gomes to two-and-a-half years in prison.

Speaking in Gomes' defence on the count of possessing MDMA with intent to supply, Advocate Alanna Binnie emphasised that he was minding the drugs "for a friend as a favour, albeit a very misguided favour", that "he did not source the drugs", was always going to give them back to his friend, and that "no money was given between them."

She reminded the Court of the fact he had actually been the one to tell officers he was holding the drug for a friend, and would have only been charged with possession if he had not informed them of this, effectively writing his own indictment.

She noted most of the charges involved "small quantities of drugs for mostly personal use."

She also pointed out that he had been candid he was a long-standing cannabis user, and had self-medicated himself with the drug to help with his sleeping issues and diabetes.

He tried to get it legally via prescription, she explained, but said he was refused due to the "unknown effects" it could have on his diabetes.

Advocate Binnie further stated he had not purchased any cannabis in the last five months, and for the past three months had not had any at all - "the longest period of abstinence ever achieved since he was 14."

On a personal level, she said he had no previous convictions, as well as "a good work record" and work ethic, noting that, as well as his day-to-day job, he also was a musician who had built up a substantial number of listeners.

She recommended a non-custodial sentence for Gomes.

Summing up, Lieutennant Bailiff Anthony Olsen, sitting with Jurats Jane Ronge and Robert Chistensen MBE, said that these "were very serious charges indeed."

He noted that Gomes had continued to offend even after being arrested, calling it "an almost incredibly stupid thing to do as well as also being an illegal one."

He took into account that his "very considerable mitigation", including his youth, his lack of prior convictions, and his co-operation with the police and customs officers.

He also acknowledged that the quantities of drugs involved were small, and the "underlying health condition" that Gomes had described.

Considering this to be a case of "exceptional circumstances", he sentenced Gomes to 312 hours of community service and a year of probation.