Jersey Unreported Judgments

2000/100

3 pages

ROYAL COURT

(Samedi Division)

 

9^th June, 2000

 

Before: P.J. de Veulle, Esq., Lieutenant Bailiff, and

Jurats Le Breton and Allo

 

The Attorney General

 

-v-

 

Victor Miguel Freitas Rodrigues

 

 

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

                        count 1: cannabis resin.

                        count 2: MDMA.

 

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

                        count 3: cannabis resin.

 

[count 2 was withdrawn by the Crown, with leave of the Court, on 19^th May, 2000].

 

Age:   32.

 

Plea:   Guilty.

 

Details of Offences:

 

Count 1: simple possession of 11.37 grams (street value £80).  Count 3: possession of bar of cannabis resin 194 grams (6.84 ozs) street value £1,094, wholesale value £820.  Rodrigues was a "minder" of the bar of cannabis resin which had been handed to him in Devonshire Place by a male known to Rodrigues as "Les" who requested Rodrigues to look after the bar for one day.  Rodrigues put the bar in the boot of his vehicle.  "Les" failed to turn up the following day to collect the bar which then remained in the boot of Rodrigues' vehicle.  Prosecution unable to disprove Rodrigues' explanation.

 

Details of Mitigation:

 

Guilty plea.  Admissions made in Q and A when first interviewed.  Gave as much information as he was able about the identity of the supplier of the cannabis during Q and A.  Involuntary minder in the sense that he did not realise at first that bar was cannabis, but having discovered the true nature of the bar attempted to find whereabouts of "Les" in order to return bar to him.  Too afraid to report matter to police or to dispose of the bar for fear of reprisals if "Les" returned to collect it.  Then forgot that bar was in the boot of the vehicle.  No intention to sell bar for profit merely to return to supplier without reward.  At age 25 had drink problem (consuming 1½ bottles of spirits per day) which he successfully weaned himself from without professional support.  Started taking cannabis to counteract withdrawal symptoms from alcohol.  No longer taking controlled drugs.  A man of will power suitable for Community Service.

 

Previous Convictions:   None relevant.

 

Conclusions: count 1: 1 month's imprisonment.

                        count 3: 6 months' imprisonment, concurrent.

 

Sentence and

Observations of the Court: 1 year's probation, 120 hours' Community Service, with attendance at Drugs course.

Exceptional case.

 

 

P. Matthews, Esq., Crown Advocate.

Advocate R.J.F. Pirie for the accused.

 

JUDGMENT

 

THE LIEUTENANT BAILIFF:

 

1.            On 29^th November last year, Victor Miguel Freitas Rodrigues was stopped by a police officer.  In his car were found two lumps of cannabis weighing 11.37 grams with a street value of approximately £80, and, after a search, a bar of cannabis weighing 6.84 ounces with a street value of £1,094.  They are the subject of counts 1 and 3 of the indictment.  Following a not guilty plea to count 2, it has not been proceeded with and need not concern us today.  The two lumps in count 1 have been accepted by the Crown as being an amount appropriate for personal use and Rodrigues has pleaded guilty without reservation to that count, namely that of simple possession.

 

2.            We must, therefore turn to count 3, the bar of cannabis which is a commercial quantity and Rodrigues is charged with intent to supply.  He has pleaded guilty but contends that it is really a technical plea.  The bar was found in his car and it is a commercial quantity and he knew about it but he had no intent to supply[1].

 

3.            He says the bar was given to him for safe keeping overnight last year in early summer by a man named 'Les', who, apparently, had the number of Rodrigues' mobile telephone.  Rodrigues threw the bar of cannabis into the boot of his car and it has been there ever since.  He tried, but failed, to make contact with Les on a number of occasions and Les has made no contact with him.  He then forgot about the bar, even to the extent that it was in the boot during a family holiday trip to the United Kingdom.  He felt he could neither use it himself nor dispose of it because he could not have afforded to pay Les the amount that the bar was worth.  The Crown, unable to disprove this version of events, accepts the contention of the defendant.

 

4.            We have read the Probation Report and we have noted that these events have had a serious effect on the defendant's personal relationship with his wife.  This is effectively his first offence.  He has a regular job and is said to have addressed his drugs habit.  Counsel has told us that efforts are being made to mend his marriage and we have read a number of excellent references.  The Court is prepared to view this case as an exceptional one.  A custodial sentence would normally be the proper course but we have considered that a Community Service Order would be appropriate.

 

5.            Rodrigues, would you stand up.  You are sentenced to 12 months' Probation, on the usual conditions, with 120 hours of Community Service and an added condition that you attend the Drugs Awareness Course run by the Probation Service and as directed by them.  We also order the forfeiture and destruction of the drugs.  The defendant's passport will stay where it is.  We are going to place our trust in you and must tell you that the Court will take a very serious view if that trust is broken.[2]

 

Authorities

 

A.G. -v- Thomas (8^th March, 1996) Jersey Unreported.

A.G. -v- Collins (10^th September, 1999) Jersey Unreported.

A.G. -v- Such (21^st November, 1997) Jersey Unreported.