ROYAL COURT
(Samedi Division)
9 January 1998
Before: F C Hamon Esq, Deputy Bailiff, and
Jurats Rumfitt and Jones
A G
-v-
Samantha Jayne Nicolle
Neil Anthony Davey
SAMANTHA JAYNE NICOLLE
1 Count of possession of a controlled drug contrary to Article.6 (1) of the Misuse of Drugs (Jersey) Law 1978.
Count 1: 2 C-B.
Breach of a two-year probation order with 90 hours community service, to be completed within two years; imposed by the Royal Court on 17 January 1997. (See Jersey Unreported Judgement of that date.)
Plea: Guilty, breach admitted
Age: 25
Details of Offence:
Found at home in possession of 15 2 C - B (Nexus) tablets (Class A]. Claimed tablets left there by co-accused Davey. Value £225 - £300. Breach: (1) Found at home with 77.22 grams and 66 wraps amphetamine sulphate for onward sale. (2) Had just sold 3 wraps of amphetamine sulphate for £30.
Details of Mitigation:
Four small children 17 months to seven years. Husband in prison on drug offences. Effect of proceedings on children disclosed to Court in Chambers. Breach : Committed under influence of husband. Had performed well on SMART programme and community service.
Previous Convictions:
(1) Larceny. (2) Grave and Criminal assault. (3) Misuse of Drugs (Jersey) Law, 1978, Articles 6(2) and 5(b).
Conclusions:
Two-year probation order, with 120 hours community service: Re. Breach: Probation order to stand, 12 months extension to complete Community Service Order.
Sentence and observations of the Court:
Conclusions granted. Drugs forfeited and destroyed. Breach: Probation and community service order discharged. Defendant escaped custody "by the skin of her teeth". Court very concerned over the four children. Defendant should note Court’s patience not infinite.
NEIL ANTHONY DAVEY
2 Counts of possession of a controlled drug contrary to Article 6 (1) of the Misuse of Drugs (Jersey) Law 1978.
Count 2: 2 C-B.
Count 3: Cannabis resin.
Plea: Guilty
Age: 21
Details of Offence:
Arrested on arrival at home of co-accused, Nicolle. Was in possession of (1) one tablet 2 C-B (nexus) (Class A] and (2) a personal amount of cannabis resin.
Details of Mitigation:
Now in employment. Reference from employer. Living at home. Improved relationship with parents. Attempting to improve life.
Previous Convictions:
Many, including a number of motoring offences.
Conclusions:
Count 2: 2 months imprisonment
Count 3: 1 month imprisonment concurrent
Sentence and Observations of Court:
18 months probation order with attendance at SMART course.
SECOND INDICTMENT
I Count of: Failing to conform to indication given by a sign, contrary to Article 36 (1) (b) of the Road Traffic (Jersey) Law 1956. (Count 1):
1 Count of: Failing to comply with a condition of a provisional driving licence, contrary to Article 6 (2) of the Road Traffic (Jersey) Law 1956. (Count 2):
1 Count of: Failing to produce a driving licence, contrary to Article 7 of the Road Traffic (Jersey) Law 1956. (Count 3):
1 Count of: Failing to produce a certificate of insurance, contrary to Article 15 (1) of the Motor Traffic (Third Party Insurance) (Jersey) Law 1948. (Count 4):
1 Count of: Using a motor vehicle in a dangerous condition, contrary to Article 53 of the Motor Vehicles (Construction & Use) (Jersey) Order, 1956. (Count 5): and
1 Count of: Using a motor vehicle in contravention of Article 62(A) (b) (I) of the Motor Vehicles Construction and Use (Jersey) Law 1956. (Count 7):
1 Count of Displaying a registration mark in contravention of Article 22 of the Motor Vehicle Registration (General Provisions) (Jersey) Order, 1993.
Plea: Guilty
Details of Offence:
(1) and (2): Rode a motor cycle as a learner driver carrying a pillion passenger and crossed over double white lines in Fort Regent Tunnel. (3)-(7): Rode a motor cycle with defective fork seals, exhaust and registration number. Failed to produce licence and insurance within the specified time.
Details of Mitigation:
Now in employment. Reference from employer. Living at home. Improved relationship with parents. Attempting to improve life.
Previous Convictions:
Many, including a number of motoring offences.
Conclusions:
Count 1:£100 fine or 7 days imprisonment in default of payment
Count 2:£100 fine or 7 days imprisonment in default of payment
Count 3£50 fine or 3 days imprisonment in default of payment
Count 4:£50 fine or 3 days imprisonment in default of payment
Count 5: £100 fine or 7 days imprisonment in default of payment
Count 6:£100 fine or 7 days imprisonment in default of payment
Count 7:£50 fine or 3 days imprisonment in default of payment
Sentence and Observations of the Court:
Conclusions granted, fines to be paid at £100 per month
The Solicitor General
Advocate S E Fitz for S J Nicolle
Advocate N J Chapman for N A Davey
JUDGMENT
THE DEPUTY BAILIFF: Would you stand up please. We have to say this: you have avoided a prison sentence by the skin of your teeth; your four young children are of great concern to the Court and we are willing to accede to the Crown’s conclusions, but as the Solicitor General has said, and I am sure you will make note of it, the patience of this Court is not infinite. We are going to vary slightly the conclusions of the learned Solicitor General; we discharge the original Probation Order and we are placing you on two years probation with 120 hours community service. The drugs are to be forfeited and destroyed.
Davey, will you stand up please. Now, you are not unintelligent, but your future really is in your hands. We thought long and hard about sending you to prison, but the reference from your present employers, a letter from your mother and the probation report, have perhaps saved the day.
This may be your last chance, we suggest that you use it well and if we may say so that you choose your friends with more care in the future. We are sentencing you to 18 months probation on condition that you attend the SMART Course as directed by your Probation Officer.
Now the motoring offences we are following the conclusions of the Crown, you are fined £550 with a default of 37 days if you do not pay it. We suggest that you pay it at the rate of £100 per month, but if there are any problems, Mr Chapman, you will come back to the Court, and in both cases of course we order the forfeiture and destruction of the drugs.
No Authorities