Jersey Unreported Judgments

2000/11

4 pages

ROYAL COURT

(Samedi Division)

 

21^st January, 2000

 

Before: F.C. Hamon, Esq., Deputy Bailiff, and

Jurats Le Brocq and Georgelin.

 

The Attorney General

 

-v-

 

Michael Dos Santos Moreira and Emma Jane Monet

 

 

MICHAEL DOS SANTOS MOREIRA:

 

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 1:  heroin.

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

                  Count 2:  cannabis resin.

1 count of:  Supplying a controlled drug, contrary to Article 5(b) of the Misuse of Drugs (Jersey) Law, 1978.

                  Count 3:  heroin.

 

Age:    22.

 

Plea:   Guilty.

 

Details of Offence:  (Both accused):

 

Following a drugs search 750 milligrams of heroin was found at the defendants' home (count1) street value £225 equivalent to 7½ "score" bags.  383 milligrams of cannabis (count 2) value £2 also found.  Both defendants frank and co-operative with police.  Declined to name supplier.  Both admitted an intention to supply in order to fund their habit.  Moreira admitted having supplied (count 3) although no quantity or value could be estimated.  Taking into account their accommodation and general standard of living it is clear that supplying drugs was not used to fund a lavish lifestyle and there was no confiscation order.

 

Details of Mitigation:

 

Moreira had failed to attend for psychiatric appointments and there was therefore no substantive report available to the Court although Dr. Sharkey provided a letter regarding his medical history, compiled from notes.  A psychological report from Mr. Saunders noted that Moreira was intoxicated when he came for his appointment.  He had drugs debts in the region of £2,000 to £3,000 and was unemployed.  He had a poor record of compliance with the methadone programme.  The probation report noted that he presented as an under achieving and rather pathetic young man and there were doubts about his level of cognitive functioning.  Failed to attend second appointment.  Unable to recommend a non-custodial disposal.  Did not seem to appreciate the seriousness of his predicament.

 

Previous Convictions:   6-mainly motoring offences; no previous drugs conviction.

 

Conclusions:

 

Count 1:  1 year, 8 months' imprisonment;

Count 2:  1 week's imprisonment, concurrent;

Count 3:  1 year, 8 months' imprisonment, concurrent.

 

Sentence and Observations of the Court:

 

Guidelines set by Campbell followed.  Starting point of 6 years, conclusions granted, 1 year 8 months' imprisonment in all.  Forfeiture and destruction of the drugs.

 

 

EMMA JANE MONET:

 

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 1:  heroin.

 

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

                  Count 2:  cannabis resin.

 

Age:   18.

 

Plea:   Guilty.

 

Details of Offence:   (see Moreira)

 

Details of Mitigation:

 

Monet was subject to Article 4 of the Criminal Justice (Young Offenders) (Jersey) Law 1994.  Monet was 19 years old the day after sentencing.  She had given birth to a baby daughter on 13^th December, 1999, of whom Moreira was the father.  She had weaned herself off heroin during her pregnancy and appeared motivated to continue to be clean of drugs.  Her involvement in trafficking was less than that of Moreira who actually sold on the street and had been charged with supplying.  Monet's infant child would be taken into care if she went to prison.

 

Previous Convictions:   None.

 

Conclusions:   12 months' probation; 120 hours' community service.

 

Sentence & Observations of the Court:

 

Probation for 12 months and as part of the order to maintain contact with the Alcohol and Drug Service.  120 hours' community service to repay a little of the harm done to Jersey society.

 

 

Mrs S. Sharpe, Crown Advocate.

Advocate C.M. Fogarty for Michael Dos Santos Moreira;

Advocate C. Deacon for Emma Jane Monet.

 

JUDGMENT

 

THE DEPUTY BAILIFF:  This is a disturbing case.  Miss Monet with her nineteenth birthday tomorrow has already suffered the pains of heroin withdrawal.  For her this is, perhaps, a final chance.  As Crown Advocate Sharpe has said, Miss Monet appears to have overcome her addiction and she has been honest with the police and played a far less significant part than Moreira.

 

We must say this: had she played an equal part with Moreira, the fact that she has a small child would not have helped prevent her from going to prison in any way at all.  We would say this to you, Miss Monet, you know what it is like to come off heroin - it is difficult and it is painful.  Furthermore, you have done your so-called friends little service in helping them to feed on this dreadful habit.  For the sake of your baby you must keep yourself off drugs though you will no doubt be under pressure from your supplier to continue, you realise that.

 

We are going to place you on probation for 12 months.  It is part of the order that you maintain contact with the Alcohol and Drugs Service.  You will also carry out 120 hours' community service to repay a little of the harm you have done to Jersey society.

 

Moreira, although your drug trafficking was at the lower end of the scale, it was still dealing on a commercial basis.  We have to follow the guidelines of the Court of Appeal and we will continue to do so.  Drug dealing is a very antisocial and serious offence; you may not understand that, but that is so.  We have taken a six year starting point; we have taken off one-third for your guilty plea and your co-operation in revealing the way in which you supplied the heroin on the street.  We have made a further allowance for your youth, but we are going to follow the conclusions of the Crown.  On count 1, you are sentenced to 1 year and 8 months' imprisonment; on count 2, you are sentenced to 1 week's imprisonment; on count 3, you are sentenced to 1 year and 8 months' imprisonment, all sentences to run concurrently and we order the forfeiture and destruction of the drugs.

Authorities

 

 

A.G. -v- Coutanche (11^th April, 1997) Jersey Unreported.

 

A.G. -v- Carrel (21^st May, 1999) Jersey Unreported.

 

A.G. -v- Mulholland (13^th September, 1999) Jersey Unreported.

 

A.G. -v- Langley (15^th October, 1999) Jersey Unreported.