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Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> 1999/113 - AG v Rowe [1999] UR 113 (18 June 1999)
URL: http://www.bailii.org/je/cases/UR/1999/113.html
Cite as: [1999] UR 113
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ROYAL COURT
(Samedi Division)
18 June 1999
Before: F C Hamon, Deputy Bailiff and
Jurats Rumfitt and Georgelin.
AG
v
Ian Rowe
1 count ofpossession of a controlled drug with intent to supply contrary to Article 6 (2) of the Misuse of Drugs (Jersey) Law 1978. Count 1: MDMA.
1 count of possession of a controlled drug contrary to Article 6 (1) of the Misuse of Drugs (Jersey) Law 1978. Count 2: MDMA.
(count 2 dropped for duplicity]
Age: 26.
Plea:Guilty.
Details of Offence:
Rowe was found in possession of 8 Ecstasy tablets at Madison’s night club. During the course of an interview under caution, Rowe stated that he had purchased what he thought were 4 Ecstasy tablets from a person in a public house for £65 and that he was to give 1 or 2 of the tablets to a friend as a favour and he was to use the remaining tablets for his own personal use.
Details of Mitigation:
Plea of guilty. Did not obstruct the police and produced drugs from his pocket. Subsequent to his arrest, sought advice from Alcohol and Drugs Service and successfully maintained a drugs free status. Very encouraging reports from Probation and Alcohol and Drugs Service. Stable family and good father to his 5 year old daughter (apart from a 9 month period prior to his arrest which Rowe described as "a lost 9 months" in which he drank to excess and regularly took cannabis and ecstasy). Remorse. Reformed character.
Previous Convictions:
10 March 1992 (when aged 19) sentenced to 12 hours at attendance centre for having received, hidden and withheld stolen property. No previous drugs related convictions.
Conclusions:
In the light of guilty plea to count 1, Crown withdraws count 2 and moves on count 1 alone that Rowe be placed on probation for 1 year and ordered to complete 120 hours community service.
Sentence & Observations of Court:
Conclusions granted.
Circumstances enable Court to adopt individual sentence.
P. Matthews, Crown Advocate
Advocate N J Chapman for the Accused.
JUDGMENT
THE DEPUTY BAILIFF: I think we have all been greatly assisted by the careful analysis of the Crown Advocate, who has taken us through all the relevant cases, particularly AG v Christian Henry Buesnel (21 August 1996) Jersey Unreported, where the Superior Number reviewed its sentencing policy in relation to the mere possession of Class A drugs, particularly where small amounts are involved. Of course this present case involves intent to supply which immediately puts it into a more serious bracket. But, we can have regard to AG v Hervé (4 July 1997) Jersey Unreported. I think it is important that we do not forget, however, what the Court said in its opening paragraph in Hervé.
"As the Court has said on numerous occasions trafficking in class A drugs almost inevitably attracts custodial sentences. The Crown Advocate rightly submitted that without retail sellers of relatively small amounts of drugs on the streets the spread of drug taking amongst the young people of this island would be much more difficult."
That is a clear statement of the Court and the Court in ordinary circumstances, will of course, follow that policy. It is important to point out, as the Crown Advocate has done, that it did not do so in Hervé because the personal circumstances of the supplier were such that it allowed it to vary its general policy and because only 7 tablets were involved in the intent to supply.
We are content that this case is exceptional. Rowe was found in possession of 8 tablets. He intended to give one or two to a friend but if he had not made that admission then the charge of possession with intent to supply would not have been possible.
Rowe, stand up please. We are impressed by the fact that you have recently made a determined effort to rid yourself of drugs and in the context of this case that is to be encouraged, particularly as you are 26 and are not a child. You have family responsibilities; could we urge you to concentrate on those? We hope, of course, that we do not see you in this Court again.
Formally, we are going to sentence you just on the one count now that stands to 1 year’s Probation and 120 hours Community Service and we order the forfeiture and destruction of the drugs.
Authorities
AG v David Thomas (8 March1996) Jersey Unreported.
AG v Christian Henry Buesnel (21 August 1996) Jersey Unreported.
AG v Rennie and Williams (9 September 1996) Jersey Unreported.
AG v Snaith (30 May 1997) Jersey Unreported.
AG v Hervé (4 July 1997) Jersey Unreported.
AG v de la Haye, Kearney (15 December 1995) Jersey Unreported.