Jersey Unreported Judgments

2000/77

4 pages

ROYAL COURT

(Samedi Division)

 

2^nd May, 2000

 

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

                                                      Jurats Myles, de Veulle, Le Ruez, Rumfitt, Potter,

                                                      Querée, Tibbo, Bullen, Le Breton, Georgelin

                                                      and Allo.

 

 

The Attorney General

 

-v-

 

Kevin John Le Maistre

 

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number, on 18^th February, 2000, following guilty pleas to:

 

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

                  Count 1: cannabis resin;

                  Count 3: MDMA.

 

1 count of  possessing a prohibited weapon contrary to Article 19(1)(b) of the Firearms (Jersey) Law, 1956 (Count 6).

 

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

                  Count 7:MDMA;

                  Count 8: cannabis resin.

 

[On 31^st March, 2000, the Crown accepted pleas of not guilty to Counts 2,4, and 5 of the indictment.]

 

Age:     38

 

Details of Offence:

 

Supplying friends ecstacy over period of three months and cannabis over similar period.   Possession of CS gas canister.

 

Details of Mitigation:

 

Supplying friends only.   Financial losses due to business collapse - prosecution could  not have proved case without accused's co-operation, wrote his own indictment.

 

Previous Convictions:

 

Treated as first offender.

 

Conclusions:               Count 1:                             6 months' imprisonment.

                      Count 3:   12 months' imprisonment, concurrent.

                      Count 6:   1 month's imprisonment, consecutive.

                      Count 7:   4 years' imprisonment, concurrent.

                      Count 8:   12 months' imprisonment, concurrent.

                      TOTAL:  4 years and 1 month's imprisonment.

 

Sentence & Observations of Court:

 

Count 1:         1 month's imprisonment.

Count 3:         6 months' imprisonment, concurrent.

Count 6:         1 month's imprisonment, consecutive.

Count 7:         3½ years' imprisonment, concurrent.

Count 8:         12 months' imprisonment, concurrent.

TOTAL:        3½ years' imprisonment.

 

 

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

Advocate R. Tremoceiro for the Accused.

 

 

JUDGMENT

 

THE DEPUTY BAILIFF:

 

1.      When the defendant's premises were searched in August, 1999, the police found 78 grams of cannabis resin and 12 ecstasy tablets.  There were an additional 46 tablets which the defendant thought were ecstasy, but in fact they were not.  The police also found a CS canister.

 

2.      When interviewed Le Maistre said that he had sold drugs in order to feed his own habit.  He had sold some 30-40 ecstasy tablets over the last two months and had also sold cannabis for the last six months, although the exact amount was not known.  In each case the sales had been to friends and acquaintances who were already drug users.  A total of £12,720 in cash was found at the home. However, he said he knew nothing about £9,810 of that sum and that it must have been put there by someone else without his knowledge.  He admitted ownership of the balance and the Court has today made a Confiscation Order in the sum of £1,110 as representing his benefit from dealing in drugs.

 

3.      Having regard to the guidelines set out in the case of Campbell, Molloy and MacKenzie -v- A.G (1995) JLR 136 CofA, and having regard to the nature and scale of his activities, we agree with the Crown that the correct starting point in this case is seven years.

 

4.      Mr. Tremoceiro has referred to a number of matters of mitigation: the defendant has pleaded guilty; he is a person of good character in that he only has two very minor and irrelevant convictions.  He has been co-operative to a considerable extent.  When interviewed, he made voluntary admissions as to his supplying activities and it would not have been possible to bring charges on the supply matters without those admissions.  He did, says Mr Tremoceiro, write his own indictment in this regard and it is a matter of considerable mitigation when a defendant behaves in this way.

 

 

5.      The social enquiry report makes it clear that the defendant has dealt in order to feed his own habit which has developed in recent times in regard to both cannabis and ecstasy.  However, the Court has to say that it is not a mitigating factor for a person to sell drugs in order to feed his own habit.

 

6.      This defendant is clearly remorseful, as appears from what we have been told, and he has expressed an intention to stay away from drugs following his time in custody.

 

7.      We have read the references and letters which have been produced to us, particularly from his family.  His family are very supportive and there is a job waiting for him.

 

8.      Taking into account all these matters, we think that we are able to reduce the conclusions of the Crown slightly, and the total sentence will be one of 3½ years' imprisonment.

 

9.      Stand up, please, Le Maistre.  On count 1, you are sentenced to 1 month's imprisonment; on count 3, you are sentenced to 6 months' imprisonment; on count 6, you are sentenced to 1 month's imprisonment; on count 7, you are sentenced to 3½ years' imprisonment; on count 8, you are sentenced to 12 months' imprisonment; all of these sentences to be concurrent.

 

10.    We order the forfeiture and destruction of the drugs,  and we also order the forfeiture of the CS canister.

 

 

Authorities

 

 

Campbell, Molloy and MacKenzie (4^th April, 1995) Jersey Unreported CofA; (1995) JLR

136 CofA.

A.G. -v- Molloy (19^th October, 1995) Jersey Unreported.

A.G. -v- Seddon (30^th October, 1995) Jersey Unreported.

A.G. -v- Thomas (8^th March, 1996) Jersey Unreported.

A.G. -v- Watson (8^th March, 1995) Jersey Unreported.

A.G. -v- Edingborough (20^th January, 00) Jersey Unreported.

A.G. -v- Doyle (8^th March, 1995) Jersey Unreported.

Firearms (Jersey) Law, 1956.