Jersey Unreported Judgments

ROYAL COURT

(Samedi Division)

24 April 1998

Before: FC Hamon, Esq., Deputy Bailiff, and

Jurats Le Ruez and Quérée

AG

-v-

David Duarte Ferreira Vieira

1 count of conduct likely to cause a breach of the peace (count 1)

1 count of possession of a controlled drug, contrary to Article 6(1) of the Misuse of Drugs (Jersey) Law, 1978;

Count 2: Diamorphine.

Breach of a 2 year Probation Order imposed on 2 July 1997, in the Magistrates Court for possession of a controlled

drug (Diamorphine).

Plea:Guilty; breach of Probation Order admitted

Age:27

Details of Offence:

Count 1:

At about 00.43 hours on 16 October 1997, Police Officers and Ambulance personnel attended at Flat 2, 1 St. Marks Road, St. Helier, following report of disturbance. Defendant was standing in the flat, holding a knife to his throat and threatening to kill himself. It was evident that he had already caused injury to his neck. The Ambulance crew managed to wrest the knife from him. The defendant was shouting loudly and causing disturbance to other residents of the building. He was struggling so hard that he had to be placed in handcuffs and physically carried to the Ambulance. On arrival at the General Hospital he continued to struggle and had to be restrained while sutures were inserted in the wound in his neck.

Count 2:

Police Officers executed a warrant at defendants home address. Peaceable entry. Defendant immediately admitted that he had heroin in the flat. Police Officers found brown powder and a number of paper wraps, all of which proved to be Diamorphine. Total weight of heroin seized 256 milligrams with a street value of £76.80, enough to make between three and seven doses. Defendant under caution admitted to being heroin addict.

Details of Mitigation:

A man driven by addiction. Guilty plea. Very co-operative with Police. Some efforts to rehabilitate himself. Had been offered employment as kitchen porter. A victim of the drug industry.

Previous Convictions:

Several since 1989 for motoring. More seriously, two very recent convictions for possession of heroin, one in January, 1997, (probation, one year) and June, 1997, (probation, two years and fined for the breach of the first order).

Conclusions:

Count 1:1 month imprisonment

Count 2:6 months imprisonment, consecutive

Breach of Probation Order: discharge of order; 2 months imprisonment, consecutive, substituted

Sentence and Observations of the Court:

Count 1:1 month imprisonment

Count 2:6 months imprisonment, concurrent

Breach of Probation Order: 2 months imprisonment, concurrent

AJ Olsen, Esq., Crown Advocate

Advocate Mrs CRG Deacon for the accused

JUDGMENT

THE DEPUTY BAILIFF: Vieira has been a regular user of heroin and at one time was injecting himself with 1½ grams a day. He has, as a result of his habit, been diagnosed as suffering from hepatitis C, but apparently cannot be treated until his is opiate free for a year. From the background report it is clear that this addiction has caused him great personal tragedy.

The first offence occurred when he was heavily under the influence of alcohol when with a knife he threatened suicide. He had to be wrestled to the ground and physically carried to the ambulance. After sutures had been applied he was detained at Police Headquarters overnight. We have to say that that incident must have been very frightening for the paramedics who had to deal with it.

The second offence occurred three months later when a drug warrant was executed at his address in St. Marks Road. He was in possession of 256 milligrams of heroin and other paraphernalia. There was sufficient to make between three and seven doses of this pernicious drug. This will be his third offence of possession of heroin within a period of a year.

We have had to have careful regard, of course, to the case of AG -v- Buesnel (21 August 1996) Jersey Unreported, but we have to note that this is his third drug offence and he is in breach of a Probation Order. He has been very co-operative, as Mrs Deacon has so carefully informed us, and no doubt he wishes to cure himself of his addiction, but of course somewhere in Jersey a dealer is waiting for him with heroin.

There is no purpose in putting him on probation; he has already breached two Probation Orders. However, this was a small amount of heroin for personal use and there will, as Mrs Deacon has told us, be many setbacks before any heroin addict can be safely said to be cured. We therefore discharge the Probation Order. Stand up, please, Vieira. On count 1, you are sentenced to one month imprisonment; on count 2, you are sentenced to six months imprisonment, concurrent. For the breach of probation you are sentenced to two months imprisonment, concurrent. Furthermore, the time you have spent on remand will be taken into account. We order the forfeiture and destruction of the drugs.

Authorities

Whelan: Aspects of Sentencing in the Superior Courts of Jersey: Noter-up, May 1996-7: pp.2-5.

AG -v- Young (1980) JJ 281

AG -v- Buesnel (21 August 1996) Jersey Unreported

AG -v- Camacho, Melim (24 October 1997) Jersey Unreported

AG -v- McDonough (7 March 1997) Jersey Unreported

AG -v- Evans (4 July 1997) Jersey Unreported

Criminal Justice (Probation Order) (Jersey) Law, 1986