ROYAL COURT
(Samedi Division)
23 October 1998
Before: F C Hamon Esq., Deputy Bailiff and
Jurats Le Ruez and Herbert
AG
-v-
John Joseph Flynn
1 count of larceny ( count 1)
4 counts of obtaining money by false pretences (counts 2,3,4 and 5 )
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 6: Cannabis resin;
1 count of possession of a controlled drug contrary to Article 6 (1) of the Misuse of Drugs (Jersey) Law, 1978
Count 7: Cannabis resin;
1 count of possession of the utensils for the purpose of committing an offence, contrary to Article 8 of the Misuse of Drugs (Jersey) Law
1978, (count 8), and
1 count of driving a motor vehicle with alcohol concentration above prescribed limit, contrary to Article 16A(1) of the Road Traffic
(Jersey Law, 1956 (as amended) (count 9)
Age 37
Plea Guilty
Details of Offence
Defendant stole envelopes addressed to third party from communal mailbox at lodging house where he lived. Defendant was aware that the envelopes contained 4 sickness benefit cheques. He took these to the bank, clumsily forged signature of payee and encashed them. Total fraudulent gain £352.08. Identified by finger print evidence. During search of his home for stolen goods, Police Officers found cannabis, the sum of £1,145.00 cash and a number of items connected with drug abuse. Defendant admitted that 2 ounces of cannabis were to be sold on. Street value about £280. Defendant also in possession of cannabis for own consumption and a set of electronic scales for weighing the drug.
Article 16(a) offence: stopped for driving with defective rear light in St Peter’s Valley. Lion Intoximeter lower reading 72 ugs.
Details of Mitigation:
Not much, was quite co-operative with Police once confronted with finger print evidence. Pleaded guilty. Defendant was "desperate for cash" Reasonably good employment record. Co-operative with Police re Article 16A offence.
Previous Convictions:
Eighteen, going back to 1977. Dishonesty, motoring, public order, 2 for drugs ( including one of production of controlled drug.).
Conclusions:
count 1: 6 months imprisonment
count 2: 2 months imprisonment
count 3: 6 months imprisonment
count 4: 6 months imprisonment
count 5: 6 months imprisonment
count 6: 6 months imprisonment
count 7: 2 months imprisonment
count 8: 1 month imprisonment
count 9: £250 fine or 2 weeks imprisonment in default of payment, consecutive.
21 month disqualification from driving.
Sentences imposed on counts 1 - 5 to run concurrently; on count 6,
consecutively, and on counts 7 & 8, concurrently
Sentence & Observation of the Court:
count 1: 3 months imprisonment
count 2: 3 months imprisonment
count 3: 3 months imprisonment
count 4: 3 months imprisonment
count 5: 3 months imprisonment
count 6: 6 months imprisonment
count 7: 2 months imprisonment
count 8: 1 month imprisonment
count 9: £250 fine or 2 weeks imprisonment in default of payment, consecutive.
21 months disqualification from driving.
In relation to counts 1-5, compensation order, in favour of Social Security for £352.08 or 3 months imprisonment, consecutive, in default of payment.
Money to be paid on release from Prison at rate of £20 per week.
A J Olsen, Esq, Crown Advocate
Advocate R Tremoceiro for the accused
JUDGMENT
THE DEPUTY BAILIFF:The larceny of the four sickness benefit cheques, and the subsequent obtaining money by false pretences was both mean and serious.
Significantly, the cashing of the cheques was reasonably sophisticated, and the finger prints on the cheques were traced to Flynn only by use of an automated finger print recognition system from the U.S.A, and that clearly took some time. We have to recall that had it not been for these offences, the drug offences might not have come to light.
You tell us, Flynn, that you have never dealt before, although you have used cannabis for 24 years, and it was an unnamed man called Alec who offered you 4 ounces of cannabis for £540. You say you borrowed money from friends to raise that sum, but a confiscation order for £1,145 was made at the request of the Attorney General. Of course, you have not supplied any information to the police. Alec met you at the harbour, you borrowed money from friends, you were to supply friends - all unnamed - but despite the powerful efforts of Advocate Tremoceiro, this Court considers itself bound, by the judgment of the Court of Appeal in Campbell, McKenzie, Malloy -v- A.G. (1995) JLR 136 C.of A.
I must say this: the purpose of sentencing in drug trafficking cases is not to deter others - if a sentence does that then so much the better - the purpose is to recognise the seriousness of any form of drug dealing in this Island and we will continue that policy today.
The trafficking of 2 ounces cannabis has a starting point of nine months, but we have found some difficulty in this case, because we have the disparate sentences each set of which is as serious of the other, and we have of course considered very carefully the probation report, and the references supplied to us.
We find that the conclusions of the Crown Advocate are perfectly correct, but we are going to vary them slightly for a particular purpose. On count 1 you will be sentenced to 3 months imprisonment, counts 2 to 5: 3 months imprisonment concurrent, and concurrent to count 1. On count 6 - the drug offences - 6 months consecutive, count 7: 2 months concurrent, count 8: 1 month concurrent, and on count 9: you will be fined £250 and be disqualified for 21 months, so that instead of 12 months imprisonment, we are sentencing you to a total of 9 months imprisonment, but the purpose of reducing it in that way is so that you can pay a compensation order to the Social Security Department of £352.08. That compensation order and the fine are to be paid when you come out of prison at the rate of £20 per week or there will be a three months sentence in default. We order the forfeiture and destruction of the drugs and the implements.
Authorities
A G -v- Brannan ( 13 June 1997 ) Jersey Unreported
A G -v- Hall ( 15 August 1997 ) Jersey Unreported
Whelan: "Aspects of Sentencing in the Superior Courts of Jersey" p35
Whelan: "Aspects of Sentencing in the Superior Courts of Jersey" (Noter Up 1995-6) p18
A.G. -v- Apperley ( 7 February 1997) Jersey Unreported
A.G -v- Hamon (22 May 1998) Jersey Unreported
A.G -v- Clarke (26 September 1997) Jersey Unreported
A.G -v- Weiss (5 September 1997 ) Jersey Unreported
Campbell, MacKenzie, Molloy -v- AG (1995) JLR 136 C of A