Jersey Unreported Judgments

2000/240

3 pages

ROYAL COURT

(Samedi Division)

 

1^st December, 2000

 

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

Jurats Myles and Allo.

 

The Attorney General

-v-

James Nicholas Walsh

 

 

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.

 

Age:    22.

 

Plea:   Guilty.

 

Details of Offences:

 

Count 1: admitted supplying 4 or 5 ounces of cannabis resin to two or three friends over a four or five year period and up to 2 ounces during the preceding twelve months.

 

Count 2: following a search of his bedroom he was found in possession of approximately 28 grams of cannabis resin (street value £160).

 

Details of Mitigation:

 

Guilty pleas, wrote own indictment in relation to count 1, told police where cannabis resin would be found, co-operative during Q and A interview (but did not name supplier or friends he had supplied drugs to), on many occasions drugs supplied free to friends, youth, good character, low risk of re-offending, given up cannabis use, remorse.

 

Previous Convictions:    None.

 

Conclusions:     count 1: 12 months' probation order with 120 hours' community service.

                            count 2: 12 months' probation order with 120 hours' community service.

 

Sentence and Observations of the Court:

 

count 1: 12 months' probation order with 120 hours' community service.

Count 2: £200 fine, payable at £50 per week; or 2 weeks' imprisonment in default of payment.

 

 

P. Matthews, Esq., Crown Advocate.

Advocate M.L. Preston for the accused.

 

 

JUDGMENT

 

THE DEPUTY BAILIFF:

 

1.            As you have heard, we are not going to impose a custodial sentence today; that is the normal penalty for supplying drugs, even Class B drugs.  But we accept that your offending is right at the lower end of the scale in that you only supplied to a few friends and not on a commercial basis over a period.

 

2.            There is considerable mitigation which your counsel has outlined.  In particular, you, yourself, admitted these offences; they would not have come to light unless you had made these admissions and the Court gives you full credit for that.

 

3.            You have a hitherto extremely good character; we have noted the references; you have a good employment record; and we are assured that you have now ceased to use cannabis.

 

4.            For all those reasons and the mitigating factors which Mr Preston has put forward we accede to the Crown's submissions to the extent that we will impose, on count 1, a 1 year unsupervised probation order, with 120 hours' community service as we consider the offence is of a seriousness which requires community service.  On count 2, we order a fine of £200, which you must pay at £50 per week, or two weeks' imprisonment in default of payment.  We order the forfeiture and destruction of the drugs.

 

Authorities.

 

A.G. -v- Humber (17^th April, 1998) Jersey Unreported.

 

A.G. -v- Heys (29^th May, 1998) Jersey Unreported.

 

A.G. -v- McCormack (20^th April, 1999) Jersey Unreported.