Jersey Unreported Judgments

2000/21C

1 page

ROYAL COURT

(Samedi Division)

 

4^th February, 2000

 

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

                                                      Jurats de Veulle, and Georgelin.

 

 

The Attorney General

 

-v-

 

Alexander James Justin Wakeham

 

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

                  Count 1: cocaine;

                  Count 2: cannabis resin.

 

Age:   24

 

Plea:   Guilty

 

Details of Offence:

 

Defendant serving 8 year sentence at La Moye Prison having been convicted by Superior Number of Royal Court on 28^th October, 1998 of importing controlled drugs, (cannabis resin).  The defendant, an amputee, had special privilege from Prison Governor to attend Les Quennevais Sports Centre for non-weight bearing exercise in the swimming pool.  Whilst at pool collected parcel containing 55.32grams of cannabis resin and 4.79grams of cocaine.  Smuggled same into prison but searched on arrival.  Street value of drugs £320.00 and £382.20 respectively.  Breach of trust reposed in him by Prison Governor.

 

Details of Mitigation: 

 

Guilty plea.  But defendant found in possession.  Co-operation.  Seeking help from psychotherapist.  Taking course in Accountancy whilst in prison.  Defence claimed that totality principle should apply because of recent conviction.

 

Previous Convictions:

 

Numerous, and as stated above, previous conviction for importing cannabis resin for which Defendant was serving 8 year prison sentence.

 

Conclusions:              

                      Starting point 12 months:

                      Count 1:   10 month's imprisonment.

                      Count 2:   6 month's imprisonment, concurrent.

 

Drugs to be forfeited and destroyed.

                                                                                                   

Sentence & Observations of Court:   Very serious breach of privilege granted to Defendant by Prison Governor.  Court considered totality principle but found did not apply.  Conclusions granted.

 

 

 

                                         Advocate D.E. Le Cornu Crown Advocate

                                         Advocate  R. Tremoceiro for the Accused.

 

 

NO RECORDED JUDGMENT

 

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