Jersey Unreported Judgments

2000/176

3 pages

ROYAL COURT

(Samedi Division)

 

8^th September, 2000

 

Before:  Sir Philip Bailhache, Bailiff, and

Jurats Myles and Allo

 

The Attorney General

-v-

Andrew James Apperley

 

 

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

                    count 1: cannabis resin.

 

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

                    count 3: cannabis resin.

 

Age:   22

 

Plea:   Guilty.

 

Details of Offence:

 

Personal amount 967 mg.

Supply - 42 ounces over several months to friends value £7,200.

Possession with intent 63g value £380.

 

Details of Mitigation:

 

Supply and intent element of possession with intent charge based entirely on own admission.

Relative youth.

Guilty plea.

Wrote own indictment.

 

Previous Convictions:   No previous convictions.

 

Conclusions:

 

count 1:  1 year Probation Order with 180 hours' Community Service;

count 2:  £200 fine or 1 month's imprisonment in default of payment;

count 3:  1 year Probation Order with 180 hours' Community Service (concurrent with sentence on count 1).

 

Sentence and Observations of the Court:

 

Conclusions granted, with condition of attendance at Alcohol and Drugs Service and random urine testing.

But for own admissions, would have been dealt with in Magistrate's Court.

 

Advocate S.E. Fitz, Crown Advocate;

Advocate A.D. Hoy for the accused.

 

JUDGMENT

 

THE BAILIFF:

 

1.            But for your frankness with the police and your admissions made to them it is likely that this case would have been dealt with before the Magistrate and you would not be standing here this morning.  It is for that reason, and because we believe that your co-operation with the police in speaking frankly as to your offences is evidence of your remorse for those offences that we are going to treat the circumstances as exceptional and we are not going to send you to prison.

 

2.            We are going to place you on Probation for a period of one year in relation to count 1 on condition that you perform to the satisfaction of the Community Service organiser, 180 hours' Community Service.  On count 2 we impose a fine of £200 or in default 1 month's imprisonment.  On count 3 we place you on Probation for 1 year subject to the condition that you perform 180 hours' Community Service, that to be concurrent with the sentence imposed on the first count.

 

3.            We also make it a condition of the Probation Order that you attend at the Alcohol and Drugs Service as requested and that you submit to random urine testing as you may be required to do.  Finally, we order the forfeiture and destruction of the drugs.

Authorities

 

 

AG -v- Taylor (14^th April, 2000) Jersey Unreported.