Jersey Unreported Judgments

ROYAL COURT

(Samedi Division)

29 May 1998

Before: FC Hamon Esq., Deputy Bailiff

and Jurats Potter and Quérée

AG

-v-

Philip Heys

3 counts ofpossession of a controlled drug contrary to Article 6 (1) of the Misuse of Drugs (Jersey) Law 1978.

count 1: cannabis resin

count 3: cannabis resin

count 5: cannabis resin

2 counts of supplying a controlled drug contrary to Article 5 (b) of the Misuse of Drugs (Jersey) Law 1978.

count 2: cannabis resin

count 4: cannabis resin

Age: 35

Plea: Guilty

Details of Offence:

The States of Jersey Police in conjunction with the Strathclyde Police mounted an undercover operation centred on the distribution of drugs in licensed premises. On 9 September 1997 HEYS was at the Eagle Tavern and met two undercover police officers. He offered to obtain a half ounce of cannabis resin for £80.00 and did so on Friday 12 September (counts 3 and 4). Prior to that on 9^th September he provided the officers with a small amount of cannabis (counts 1 and 2). Count 5 arose from a search at HEYS home address when the drugs were discovered.

Details of Mitigation:

Three related offences and the total amount of drugs amounted to approximately 20 grams to the value of less than £100.00. HEYS had been released from prison in July 1997 after sixteen months in custody when his Appeal against an offence related to dealing in Heroin was allowed. Whilst in custody his brother and sister had both committed suicide and this had a profound effect on him. In August 1997 he himself made a suicide attempt. He voluntarily admitted himself to hospital and had suffered serious depression. As regards the offence the officers had approached HEYS who had sought to make friends and ingratiate himself. The sale of the drugs was at cost and there was no commercial benefit for HEYS. There was a fourteen year gap in his record and there were no previous offences for drugs. The matter could quite easily have been dealt with before the Magistrate’s Court.

Previous Convictions:

Numerous between 1977 and 1984 including breaking and entering on a number of occasions, various motoring offences including taking and driving away and various public disorder offences. No previous drug related offences and the last offence was in early 1984.

Conclusions:

count 1: 3 weeks imprisonment

count 2: 2 months imprisonment, concurrent

count 3: 1 month imprisonment, concurrent

count 4: 6 months imprisonment, consecutive

count 5: 1 month imprisonment, consecutive

TOTAL: 9 months imprisonment

Sentence and Observations

of the Court:

3 years probation with 180 hours community service, to be completed within 12 months. The Court took full note of HEYS personal tragic life and his complex background. It was also noted that he had spent sixteen months in custody before his appeal had been granted on another matter. Nevertheless, the Court found it extraordinary that he was dealing drugs with total strangers. On

the facts, however, and having particular regard to the background reports the Court was prepared to impose an individualised sentence. Accordingly the sentence was three years probation and 180 hours’ community service to be performed in the first year. The forfeiture and destruction of the drugs was also ordered and in addition a confiscation order in the sum of £80.00 under the Drug Trafficking Offences (Jersey) Law, 1988 was ordered.

JGP Wheeler, Esq., Crown Advocate

Advocate JD Melia for the accused

JUDGMENT

THE DEPUTY BAILIFF: Heys was caught in a trap organised by the Sates Police in conjunction with the Strathclyde Police. On 9 September 1997, in the Eagle Tavern in Lemprière Street, he freely offered cannabis to two undercover police officers. While helping Heys to get Heys sister - who was drunk - back home, the officers were invited to his address in Midvale Road. They were then given a small block of cannabis. Later, on 12 September, 1997, again in the Eagle Tavern, he sold half a block of cannabis for £80. The first wrap of cannabis contained 5 pieces with a total weight of 854 milligrams, the second sold on 12 September 1997, weighed 15.08 grams. A search of the premises in Midvale Road, at which Heys was present, revealed a roach end, a piece of cannabis resin weighing 3.78 grams, and cash but nothing of the paraphernalia of a drug dealer.

As Miss Melia says, effectively in our view, this was a very small amount. His personal life is tragic, his brother and sister both hanged themselves, and the background reports we have studied in detail are very complex.

We have to note that Heys was released on appeal on 11 July 1997, having spent some 16 months in custody both on remand and following his sentence. It does seem to us extraordinary that he should now still be dealing to total strangers in the Eagle Tavern. But, his record shows that his last offence was 14 years ago and includes no drug related offences.

On the facts that we have heard today, but particularly because of the very detailed background reports that were prepared - the probation, and the psychological reports - we feel, Heys, that you need support and counselling rather than the condign punishment that this offence so richly deserves. We are going to take a chance with you and we are sentencing you to 3 years probation and 180 hours community service to be carried out in the first year. If you breach that probation order over the three years you realise what will happen: you will come back here for sentencing for this offence.

Authorities

Campbell, Molloy Mackenzie -v- A.G. (1995) JLR 136 C.of A

A.G. -v- Cooke (24 November 1995) Jersey Unreported

A.G. -v- Clark (26 September 1997) Jersey Unreported