ROYAL COURT
(Samedi Division)
10 July 1998
Before: FC Hamon, Esq., Deputy Bailiff and Jurats
Quérée and Bullen
AG
-v-
Peter Le Sech
Daniel Joseph McGorian
1 count of possession of a controlled drug, contrary to Article 6 (1) of the Misuse of Drugs (Jersey) Law 1978.
count 2: cannabis resin (Le Sech)
count 4: cannabis resin (McGorian)
On 21 May 1998, both accused were acquitted by the Inferior Number of the Royal Court, en Police Correctionnelle, on 1 count of possession of a controlled drug with intent to supply, contrary to Article 6 (2) of the Misuse of Drugs (Jersey) Law 1978: Count 1: cannabis resin (Le Sech): Count 3: cannabis resin (McGorian)
Age: Le Sech 28
McGorian 31
Plea: Guilty
Details of Offence:
McGorians girlfriend was arrested shoplifting in boots the Chemist. Police officers went to her flat which she shared with her boyfriend and they occupied as tenants of Le Sech. Police officers discovered cannabis as follows: Le Sech - 89.80 grams (3.17 ounces) street value £507.20. McGorian - 138.62 grams (4.89 ounces) street value £782.40.
Details of Mitigation: (Including domestic circumstances)
Guilty pleas and co-operation with police.
Previous Convictions:
Le Sech - 1 minor motoring offence
McGorian - 6 previous but none in relation to drugs
Conclusions:
Le Sech: count 2: £500 fine or 1 month imprisonment in default of payment
McGorian: count 4: £500 fine or 1 month imprisonment in default of payment
Community service not appropriate because neither defendant intended to stay in the Island.
Sentence and Observations
of the Court:
Le Sech: count 2: conclusions granted; 3 weeks to pay
McGorian: count 4: conclusions granted, 7 days to pay
Mrs S Sharpe,Crown Advocate
Advocate N J Chapman for P Le Sech
Advocate C M Fogaty for DJ McGorian
JUDGMENT
THE DEPUTY BAILIFF: This is not the place to argue with you on the rights and wrongs of cannabis misuse. Its use in this island is illegal and we feel that you are fortunate the Crown suggested a fine, but we will follow the conclusion of the Crown. Le Sech you are fined £500 on count 2, or one month imprisonment, and we are going to give you three weeks to pay but you must give your passport to the Viscount until the fine is paid. McGorian, again on count 4 you are fined £500, or one month’s imprisonment and you can pay that within 7 days. If there are any problems you tell the Viscount. We order the forfeiture and destruction of the drug.
No Authorities