Jersey Unreported Judgments

2000/159

3 pages

ROYAL COURT

(Samedi Division)

 

8^th August, 2000

 

Before:    Sir Philip Bailhache, Bailiff and

                                                      Jurats Le Ruez, Rumfitt, Potter,

                                                      Quérée, Le Brocq, Tibbo, Bullen,

                                                      Le Breton, Georgelin and Allo.

 

The Attorney General

 

-v-

 

Laurence Anthony Durkin

 

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 28^th July, 2000, following guilty pleas, entered on 25^th June, 1999 to the following counts:

 

FIRST INDICTMENT.

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

                  count 2: MDMA;

                  count 6: heroin;

                  count 7; cannabis resin

 

[On 1^st June, 2000, the accused was acquitted by the Inferior Number on the remaining counts on the indictment laid against him - counts 1,3,4 & 5 - to which he had pleaded not guilty on 25^th June, 1999; his co-accused, Karen Irene Durkin,, was acquitted on all 7 counts of the said indictment on 1^st June, 2000, after entering not guilty pleas on 25^th June, 1999 ]

 

SECOND INDICTMENT.

 

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: heroin.

 

[Count 1 was not proceeded with.]

 

Age:      23.

 

Details of Offence:

 

Police search and seizure - possession at his flat.   Possession with intent to supply on his person.  2 indictments over 14 months apart.  Possession with intent to supply committed whilst on bail and probation.

 

Details of Mitigation:

 

Guilty pleas, but caught  red handed.

 

Previous Convictions:

 

Several for possession and possession with intent to supply class A and B drugs.

 

Conclusions:

 

First Indictment.

Count 2: 1 month's imprisonment;

Count 6: 6 months' imprisonment, concurrent;

Count 7: 6 months' imprisonment, concurrent.

 

Second Indictment.

Count 2: 4 years' imprisonment, consecutive to sentences passed on first indictment.

 

TOTAL:  4½ years' imprisonment.

 

Sentence & Observations of Court:

 

First Indictment.

Count 2: 1 month's imprisonment;

Count 6: 6 months' imprisonment, concurrent;

Count 7: 6 months' imprisonment, concurrent.

 

Second Indictment.

Count 2: 3 years' imprisonment, concurrent.

 

TOTAL  3 years' imprisonment.

              Court took into account the length of time taken to bring this matter to Court (not Crown's fault) and that he and his family would leave the Island as soon as he was released.

                                                                          

N.M. Santos Costa, Esq., Crown Advocate

                                     Advocate Mrs. S.A. Pearmain for the Accused.

 

 

JUDGMENT

 

THE BAILIFF:

 

1.    In the ordinary course of events the sentences moved for by the Crown Advocate could not have been criticised.  The Court is however concerned by the length of time which it has taken for the offences charged as long ago as January 1999, to come to trial.

 

2.    The offences of supplying drugs contained in the first indictment were not heard until May 2000, when the accused was acquitted, in the meantime he had committed the offence now set out in the second indictment which Mrs Pearmain asks us to accept was committed, in part at least under the strain of awaiting trial.

 

3.    We think that the justice system has in this case misfired, and we propose accordingly to reduce the total sentence to be imposed so as - in accordance with the suggestion of counsel - to give Durkin some light at the end of the tunnel.

 

4.    Durkin, we think you are right to seek to make a new life for yourself  outside the Island, and we hope that when you have served the sentence which the Court is about to impose, that you will keep free of drugs, and set for yourself some new form of existence.

 

5.    On count 2 of the first indictment you will be sentenced to 1 month's imprisonment. On count 6 of the first indictment to six month's imprisonment.  On count 7 of the first indictment to 1 month imprisonment.   On the 2^nd indictment you will be sentenced to 3 years imprisonment.  All those sentences to run concurrently, making a total of 3 years imprisonment.   We discharge the probation order and we order the forfeiture and destruction of the drugs.

 

 

Authorities.

 

Whelan: Aspects of Sentencing in the Superior Court of Jersey: Noter Up: 1995-6: pp.2-4.

 

Whelan: Aspects of Sentencing in the Superior Court of Jersey: Noter Up: 1996-7: pp.2-5.

 

Campbell, MacKenzie & Molloy-v-Attorney General (1995) JLR 136 CofA.

 

Attorney General-v-Carrel (21^st May, 1999) Jersey Unreported.

 

Attorney General-v-Durkin (7^th August, 1998) Jersey Unreported.

 

Attorney General-v-Durkin (30^th October, 1998) Jersey Unreported.

 

Whyte-v-Attorney General (17^th March, 1999) Jersey Unreported CofA.