Jersey Unreported Judgments

2000/254

4 pages

ROYAL COURT

(Samedi Division)

 

20^th December, 2000

 

Before:  Sir Philip Bailhache, Bailiff, and Jurats

Myles, Le Ruez, Potter, Le Breton,

Georgelin and Allo

 

 

The Attorney General

-v-

Anita Joan Morgan

Elke Theresa Schlandt

 

 

Sentencing by the Superior Number of the Royal Court, to which the accused were remanded by the Inferior Number on 8^th December, 2000, following guilty pleas to:

 

ANITA JOAN MORGAN

 

Joint Indictment

 

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

                    count 3: diamorphine.

 

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 4: diamorphine.

 

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

                    count 5: diamorphine.

 

Age:   23

 

Details of Offence:

 

Police raid - Morgan caught with 24 "£50" bags of heroin made up in front of her - Street value £1,200 (2.49 grams) - admitted intent to supply and previous supply.

 

Details of Mitigation:

 

Early guilty plea - effectively wrote own Indictment re. previous supply - relative youth - no commercial gain, dealing to fund habit - death of ex-boyfriend whilst in custody.

 

Previous Convictions:

 

29.01.97 - 2 theft, 1 obtaining property by deception - 18 months' probation.

12.11.97 - possession controlled drug - caution.

7.11.98 - 1 handling, 3 obtaining property by deception - 12 months' probation & 60 hours community service.

 

Conclusions:

 

Joint Indictment:     count 3: 4 years' imprisonment;

count 4: 4 years' imprisonment;

count 5: 6 months' imprisonment.

All concurrent: TOTAL: 4 years' imprisonment.

 

Sentence and Observations of the Court:   conclusions granted.

 

 

ELKE THERESE SCHLANDT

 

Joint Indictment

 

1 count of:   being occupier of premises permitting/suffering supply/attempted supply of heroin on those premises, contrary to Article 9(a) of the Misuse of Drugs (Jersey) Law, 1978: (count 1).

 

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

                    count 2: diamorphine.

 

Individual Indictment

 

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

                    count 1: diamorphine;

                    count 3: diamorphine;

                    count 5: diamorphine.

 

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

                    count 7: diamorphine.

 

[The accused pleaded not guilty to counts 2, 4 and 6 of the Individual Indictment, which pleas the Crown accepted].

 

Age:   28.

 

Details of Offence:

 

Four different occasions - offence (3) supplied to friend; (4) & (5) supplied to same friend and 16 year old; (1) & (2) allowed co-accused - Morgan - to supply from her premises and simple possession; (6) simple possession (1), (2) & (6) discovered after police raids on premises.

 

Details of Mitigation:

 

No previous drug charges.   Pleaded guilty on Indictment - no commercial gain social, social gifts to friends - had weaned herself off heroin whilst on bail.

 

Previous Convictions:

 

24.09.96 - DIC - 1 year probation, disqualification 16 months.

 

Conclusions:

 

Joint Indictment

 

count 1: 3½ years' imprisonment;

count 2: 6 months' imprisonment.

 

Individual Indictment

 

count 1: 3½ years' imprisonment;

count 3: 3½ years' imprisonment;

count 5: 3½ years' imprisonment;

count 7: 6 months' imprisonment.

All concurrent, except for count 7 of Individual Indictment, which is to follow consecutively: TOTAL: 4 years' imprisonment.

 

Sentence and Observations of the Court:   Conclusions granted.

 

 

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

Advocate D.J. Benest for A.J. Morgan;

Advocate Mrs. S.A. Pearmain for E.T. Schlandt.

 

 

JUDGMENT

 

THE BAILIFF:

 

1.    This is a sad case of two young women whose lives have been blighted and corrupted by addiction to heroin.  They have seen and experienced the death and misery which are the inevitable consequences of such addiction.  What this Court has to take into account, however, as well as their own misery, is the spreading of that addiction, misery and humiliation to others by supplying this pernicious drug.

 

2.    So far as Morgan is concerned, she was trafficking in heroin on a commercial basis.  The Crown has taken a starting point of 7 years' imprisonment and our only criticism of the conclusions is that we think it could be said that too great an allowance has been made for the mitigating factors.  In our judgment a sentence of 4 years' imprisonment is the least which can be imposed for offences of this kind.

 

3.    We turn to Schlandt who has caused misery to herself but added inexplicably to the suffering of her parents.   We accept that her supplying was to friends and acquaintances but we regarded as an aggravating feature that she supplied to a 16 year old girl.   It is also an aggravating feature that whilst on bail she allowed her flat to be used by Morgan for the supplying of heroin.   We agree that six years is the appropriate starting point and we also agree that the Crown Advocate has made the appropriate deductions. 

 

4.    The conclusions are granted.   Morgan, you are sentence to 4 years imprisonment as moved for by the Crown Advocate and Schlandt, you are also sentenced to 4 years imprisonment in total as moved for by the Crown Advocate and we order the forfeiture and destruction of the drugs.

Authorities

 

Campbell, Molloy & McKenzie -v- A.G. (1995) JLR 136 C.of A.

 

A.G. -v- Chevalier (9^th June, 1999) Jersey Unreported.

 

Chevalier -v- A.G. (29^th September, 1999) Jersey Unreported C.of A.