Jersey Unreported Judgments

ROYAL COURT

(Samedi Division)

10 December 1999

Before: F C Hamon, Deputy Bailiff, and

Jurats Potter and Allo

AG

v

Richard Alan Stephen Cousins

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

Count 1: cannabis resin;

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 2: cannabis resin;

2 counts of:supplying a controlled drug, contrary to Article 6(2) of the Misuse of Drugs (Jersey) Law, 1978:

Count 3: cannabis resin;

Count 4: ecstasy.

Age: 18.

Plea: Guilty

Details of Offence:

Count 1: Possession of small personal amount 5.27 grams, value £25.

Count 2: 25.53 grams, small commercial amount, £160 street value.

Count 3: 3 - 4 nine bars, street value £4,320 - £5,760 over six months.

Count 4: 54 Ecstasy tablets, value £750 - £1050. Rapid escalation but sold to fund his habit.

Details of Mitigation:

Full and frank admissions. Wrote his own indictment re: Counts 3 and 4.

Youth. Guilty plea. No previous convictions.

Previous Convictions: None.

Conclusions:

Count 1:1 week Youth Detention.

Count 2:6 months Youth Detention.

Count 3:6 months Youth Detention.

Count 4:1 year Youth Detention.

Sentence and Observations of the Court:

2 years probation on order; 240 hours community service to be completed within 12 months. Attendance at Drug and Alcohol Clinic as directed by Probation Officer. Random drug testing by Drug and Alcohol Service.

T J Le Cocq, Crown Advocate

Advocate C M Fogarty for the accused

JUDGMENT

THE DEPUTY BAILIFF: This is in every sense a tragic case. Cousins is aged 18 and is a first offender. Certainly this is not a case in which cannabis alone was supplied on a significant commercial scale - there were nine bars involved with a street value locally of £5,760 -there is also the supply of ecstasy which is a Class A drug. In interview the accused admitted in precise terms to dealing in some 54 ecstasy tablets while maintaining a further 21 tablets for his private consumption. The tablets sold would have had a street value of between £810 and £1,080. That is trafficking on a commercial scale.

Let us remind ourselves of what was said in the Judgment of AG -v- Adams (1^st August, 1997) Jersey Unreported:

The Crown has dealt with this matter entirely properly in our view. Article 4 of the Criminal Justice (Young Offenders) (Jersey) Law 1994 says:

We must recall that the charge of supplying ecstasy was in Miss Fogarty’s words "entirely crafted" by Cousins. He had been involved in this dreadful trade for a comparatively short period of time, so much is clear from the reports. His deep remorse also appears to be genuine, and according to those reports he appears to show a genuine desire to dissociate himself permanently from illegal drugs.

He has already served the equivalent of 4 months and 22 days Youth Detention and has no previous convictions. Miss Fogarty says that she has been unable to find a reported case in which the Probation Service and the Drug and Alcohol Service have been so strongly in favour of a non-custodial sentence.

Citing other cases - as the Court of Appeal has so often said - is really of little value. It is important to look at earlier cases to see the range of sentencing but comparing case with case is, in our view, an inappropriate exercise.

Because of the extraordinary circumstances of this case, and only because of that, and because the Court and counsel have had the benefit of reading the detailed background reports, we are going to take a course which might put this young man back on the rails.

Cousins, stand up, please. You have been in prison and the Court understands that you have not enjoyed the experience. You must realise that you have let your family down very badly. You may be approached again to sell drugs. The people who organise drug dealing are not unintelligent and are highly persuasive. You must be on your guard because this is going to be your only chance. We are going to put you on two years’ probation which will be supervised. You will carry out 240 hours’ community service in the first year to pay back in part the harm that you have caused to people even more vulnerable than yourself. You will attend the drug and alcohol service as required by and to the direction of your Probation Officer. Furthermore, you will remain drug free and comply with random urine testing as directed by the drug and alcohol service during that time. The Court reiterates that if you breach any of those terms over the two year period you will be brought back to this Court and the time which you have already served on remand will not help you. We order the forfeiture and destruction of the drugs.

Authorities

Campbell, MacKenzie and Molloy -v- AG (1995) JLR 136 CofA

Laverick -v- AG (11 January 1999) Jersey Unreported [1999.004]

AG -v- Adams (1 August 1997) Jersey Unreported

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

AG -v- Stephens (26 June 1998) Jersey Unreported [1998.135]

AG -v- Jeffrey (11 December 1998) Jersey Unreported [1998.253]