Jersey Unreported Judgments

ROYAL COURT

(Samedi Division)

26 March 1999

Before: Sir Philip Bailhache Kt Bailiff, and

Jurats Le Ruez and de Veulle

AG

-v-

Steven George Cowan

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

2 counts of possession of a controlled drug, with intent to supply to another, contrary to Article 6(2) of the Misuse of Drugs (Jersey) Law, 1978:

Age: 37

Plea: Guilty

Details of Offence:

Defendant apprehended in the street by police officers and found to be in possession of 8 wraps of amphetamine sulphate and £368 in cash. Search of his home revealed a further 49 wraps. Defendant claimed to have found the drugs in the lavatory of a public house. Explained that he intended to use some of the drug and supply the remainder to friends - "a chance to earn some cash". No evidence of actual supply and defendants explanation in respect of the cash (won at a bookmakers) was established as probably being true. Total weight of amphetamine seized was 30.68 grams with a street value of about £570.

Details of Mitigation:

In effect a first offender. Pleas of guilty. Co-operative throughout, frank and candid with the police. Class B trafficking offence at the lower end of the scale of seriousness. No evidence of any actual supply. Defendant has good work record and currently in employment - good references. A "stupid mistake" - remorse expressed.

Previous Convictions:

Two, both old and neither relevant.

Conclusions:

Count 1:3 months imprisonment

Count 2:12 months imprisonment

Count 3:12 months imprisonment

All concurrent

Sentence and Observations of the Court:

1 year Probation, with 120 hours Community Service.

Generally speaking, drug trafficking attracts a custodial sentence. The justice of this case, however, could be served by the imposition of a Community Service Order.

AJ Olsen, Esq., Crown Advocate

Advocate AJD Winchester for the accused

JUDGMENT

THE BAILIFF: This defendant was found in possession of 57 wraps of amphetamine sulphate with a street value of some £500. On arrest he was found to be in possession of £368 in cash which he explained that he had won in a betting shop. That superficially unlikely explanation was found by the police to be true.

He also explained that he had not bought the drugs but had found them in the toilets of a public house and had yielded to the temptation to make some money by selling them. No drugs had, however, in fact been sold. He is 37 and is for practical purposes a first offender. The references given to us show that he has led a generally industrious life over the last 20 years and that he has been highly regarded by his different employers. His counsel expressed his remorse for what he described as ‘an act of stupidity’. Cowan has pleaded guilty and has been co-operative with the police.

Generally speaking, trafficking in drugs, even Class B drugs, attracts a custodial sentence. With considerable hesitation we have reached the conclusion that in the particular circumstances of this case we can avoid sending this man to prison and that the justice of the case can be met by the imposition of a community service order.

Cowan, you have escaped prison by a whisker and the Court hopes that you will understand that the Order which the Court is about to impose must be obeyed and that if you fail to comply with it you will be brought back before this Court and you will be liable to be sentenced again for these offences and you will very likely be sent to prison. On each of the counts to which you have pleaded guilty the sentence of the Court is that you will be placed on probation for one year, subject to the usual conditions that you be of good behaviour during that time and that you live and work as directed by your Probation Officer and subject to the additional condition that you perform to the satisfaction of the Community Service Organiser 120 hours of Community Service. The Court orders the forfeiture and destruction of the drugs.

Authorities

AG -v- McDonough (15 June 1994) Jersey Unreported

AG -v- Bateman (8 May 1996) Jersey Unreported

AG -v- Chainey (11 October 1996) Jersey Unreported

AG -v- Golding (15 November 1996) Jersey Unreported

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

AG -v- Le Mottée (20 June 1997) Jersey Unreported

AG -v- Jones (1 May 1998) Jersey Unreported