Jersey Unreported Judgments

2000/169

3 pages

ROYAL COURT

(Samedi Division)

 

25^th August, 2000

 

Before:    M.C. St J. Birt, Deputy Bailiff and

                                                      Jurats de Veulle, and Allo.

 

 

The Attorney General

 

-v-

 

James Mark Perkins

 

 

1 count of  malicious damage ( count 1 );

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

                  count 2: MDMA.

                 

 

Age:   18.

 

Plea:   Guilty.

 

Details of Offence:

 

1.  Refused admission to nightclub was heavily intoxicated; kicked panel of a car - £190 damage.

2.  12 tablets found following search at Police Headquarters following arrest for malicious damage.

 

Details of Mitigation:

 

Difficult domestic circumstances leading to mixing with the wrong crowd.  Frank with police ( did not name supplier); first offender; youth; young offender provisions apply.

 

Previous Convictions:    None

 

Conclusions:     I year probation order;  90 hours Community Service; £190 compensation order or 7 days imprisonment in default of payment, to be paid at the rate of £30 per week.  Must participate in therapies as directed by the Probation Service.

                       

Sentence & Observations of Court:      Conclusions granted.

 

 

 

                                             T.J. Le Cocq, Esq., Crown Advocate

                                           Advocate L. Kerruish for the Accused.

 

 

JUDGMENT

 

THE DEPUTY BAILIFF:

 

1.    Possession of Class A drugs can often lead to imprisonment, and you must realise that you were at risk of receiving a prison sentence.   However, the Court is going to accept the recommendations of the Crown and of the Probation Service, in the light of your youth, of the fact that you have no previous convictions,  and of the comparatively modest amount of drugs in your possession.

 

2.    We are therefore going to place you on probation. You will have to comply with everything you are directed to do by the probation service.  In addition, you must undertake 90 hours Community Service.  The probation order will be for one year.

 

3.    You must understand that if you do not perform the community service when you are told to do so, or if you do not turn up for meetings when you should, or if you commit any further offences at all, including drug offences, you will be brought back to this Court, and you may well then find yourself being sentenced to a period of Youth Detention.    Do you understand that?

 

4.    We also make a compensation order in the sum of £190 to be paid at £30. 00 per week, with 7 days imprisonment in default of payment, and we make an order for the forfeiture and destruction of the drugs.

 

5.    We would like to add this.  It is often difficult,  we think,  for the Magistrate to judge the right level at which to send cases up to this Court, and we know that this is not an easy decision for him.  I wish to emphasis that we are not being in any way critical of the decision to send up this case, but,  in case it proves of assistance in future cases, we think we can say that a simple charge of possession of a comparatively small amount of ecstasy tablets by a person who is a young offender with no previous convictions would not normally need to be sent up to this Court, and would fall within the jurisdiction of the Magistrates Court.

 

Authorities

 

A.G -v- Buensel (21^st August, 1996) Jersey Unreported.

A.G -v- Jones (1^st May, 1998) Jersey Unreported.

A.G -v- Vaughan & Lavery (28^th May, 1999) Jersey Unreported.

A.G -v- McMillan, Harris, Roque. (28^th April, 1999) Jersey Unreported.