Jersey Unreported Judgments

2000/223

3 pages

ROYAL COURT

(Samedi Division)

 

10^th November, 2000.

 

Before:    Jurat Mrs, J.G.B. Myles, Lieutenant Bailiff,

                                                      and Jurats Rumfitt, and Allo.

 

 

The Attorney General

 

-v-

 

Denzil Mottram Pick

 

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

                  Count 1:   Ecstasy

                  Count 2:    Cannabis

                  Count 3:    Ecstasy

 

Age:      24.

 

Plea:    Guilty

 

Details of Offence:

 

Arrested in possession of 5 ecstasy tablets - further 15 tablets and personal amount of cannabis discovered in Pick's car.  Originally claimed drugs in car must have been put there by supplier who he refused to name.  Eventually admitted to possession of these.

 

Details of Mitigation:

 

Personal use.  Guilty plea.

 

Previous Convictions:

 

Several including offences for driving infractions; DIC; possession of cannabis; possession of utensils for drug abuse.

 

Conclusions:               Count 1:                             6 month's imprisonment.

                      Count 2:   1 month's imprisonment, concurrent.

                      Count 3:   6 month's imprisonment, concurrent.

                                                                                                   

Sentence & Observations of Court:

 

                      Count 1:  3 month's imprisonment.

                      Count 2:   1 month's imprisonment concurrent

                      Count 3:   3 month's imprisonment concurrent

 

                                                                          

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

                                            Advocate J.C. Gollop for the accused.

 

 

JUDGMENT

 

THE LIEUTENANT BAILIFF:

 

1.    We have listened to everything you have said Mr Gollop and have looked at the cases of A.G -v- Rowe (18^th June, 1999) Jersey Unreported, and A.G -v- Perkins  (25^th August, 2000) Jersey Unreported, but neither of them involved previous drug convictions, and indeed there was only one minor charge against Rowe.

 

2.    In this case there are two previous drug convictions, albeit cannabis on the last occasion,  4 years ago, but there is considerable evidence in Pick's record of an inability to abide by non-custodial sentences.  Probation Orders have been breached on several occasions. Nonetheless, we have allowed an appropriate discount for his guilty plea, for his co-operation with the Police, and for his present attempts to keep clear of drugs, so we feel able to reduce the conclusions slightly.

 

3.    Stand up Pick.   You are sentenced on count 1 to 3 month's imprisonment; on count 2 to 1 month's imprisonment; and on count 3 to 3 months imprisonment, all concurrent.  Therefore the total sentence is 3 months, and we order the forfeiture and destruction of the drugs.

 

 

 

Authorities

 

 

A.G -v- Rowe ( 18^th June, 1999) Jersey Unreported.

A.G -v- Perkins (25^th August, 200) Jersey Unreported.

A.G -v- Buesnel (21^st August, 2000) Jersey Unreported.

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