Jersey Unreported Judgments

 

2000/244

3 pages

 

ROYAL COURT

(Samedi Division)

 

8^th December, 2000

 

Before:    Sir Peter Crill, K.B.E, Commissioner,

                                                      Jurats Bullen and Allo.

 

 

The Attorney General

 

-v-

 

Paul Michael Stephens.

 

1 counts of          supplying a controlled drug contrary to Article 5 (b) of the Misuse of Drugs (Jersey) Law 1978.

                  Count 1:   MDMA

                 

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

                  Count 2: cannabis resin.

 

Age:    20.

 

Plea:    Guilty

 

Details of Offence:

 

Accused seen by police officers to pass 4 ecstasy tablets to another man in return for payment.  Accused's home searched under warrant.  £2 worth cannabis found there

 

Details of Mitigation:

 

Supply was a favour, and so motivated by friendship rather than profit.  Accused had obtained the tablets from a third party and supplied them at cost price.  The person supplied had been dealt with by a binding over order in the Magistrate's Court.  Despite previous convictions the accused had never had the opportunity of probation.  He was a heroin addict who had done much to turn the corner and was genuinely remorseful about this relapse into offending.

 

Previous Convictions: 3 drug offences, including small scale supply of Class 'A' and 'B' on a 'social' basis.

 

Conclusions:               Count 1:                          18 month's Youth Detention.

                      Count 2:   3 month's Youth Detention,  concurrent.

                       

 

Sentence & Observations of Court:       I year Probation Order, supervised, with 180 hours Community Service; random urine testing.

                                                            Custody right in principle.  On balance,  this accused just deserving of the probation opportunity which he had never before had.                                                                                                                         

 

 

 

                                                                          

                                                  C.E. Whelan Crown Advocate.                                                 

                                      Advocate N.M. Santos Costa for the Accused.

 

 

 

 

 

 

 

JUDGMENT

 

THE BAILIFF:

 

1.    We can well understand, Mr Whelan, your conclusions, and we do not criticise the Crown for moving for a custodial sentence at all, because as recently as last June in the case of  A.G -v- de Lima, (30^th June, 2000) Jersey Unreported, the Bailiff and the Court endorsed the view, which was expressed in A.G -v- Taylor (14^th April,2000) Jersey Unreported, and I quote: 

 

"That the supply of drugs, even to friends for no reward, would ordinarily..." and I stress that word "... attract a custodial sentence."

 

2.    And therefore Stephens by supplying this drug, which is a class A drug, and potentially lethal, you put yourself at grave risk - putting colloquially - of going inside yet again.  However, there is much in what your Counsel has told us, namely that you have not been yet put on probation, under supervision, to see how you would respond.

 

3.    It is true that you received no payment or profit from your transactions, that you supplied an older man, and that you expressed remorse, and that the police accepted your version of what took place.   All that tells in your favour.

 

4.    As against that, you did not disclose to the police the name of your supplier, out of fright no doubt, but it was not done.  Nevertheless, the Court, weighing up the facts, has come to the conclusion that we are prepared and will be justified, particularly having regard to your mother's letter, and the other references, in trusting you on this occasion, and giving you what really is your last chance because, if you supply drugs of any sort - illegal drugs, you will probably, because I cannot speak for future courts, but the chances are pretty high that you will go inside for quite a long time.   And therefore I have to ask you this: are you willing to go on Probation for a year?  You accept that?   Very well.

 

5.    We will place you on Probation for one year under the usual conditions, and you will also perform 180 hours community service to the satisfaction of  the supervising officer, and you will undergo random urine tests, and these may be supervised too.  We make the usual order for forfeiture of the drugs.

Authorities.

 

A.G -v- Hervé (4^th July, 1997) Jersey Unreported.

 

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

 

A.G -v- Bougeard (21 July, 2000) Jersey Unreported.

 

A.G -v- Stephens (27^th February, 1998) Jersey Unreported.

 

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

 

A.G -v- Cousins (10^th December, 1999) Jersey Unreported.

 

A.G -v- de Lima (30^th June, 2000) Jersey Unreported.