Jersey Unreported Judgments

2000/83

3 pages

ROYAL COURT

(Samedi Division)

 

15^th May, 2000

 

Before:    Sir Philip Bailhache, Bailiff, and

                                                      Jurats Le Ruez and  Le Breton.

 

 

The Attorney General

 

-v-

 

Andrew Charles Swift

 

 

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 1: cannabis resin.

 

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

                  Count 2: Cannabis resin;

                  Count 3:  MDMA.

 

1 count of  knowingly permitting the smoking of cannabis to take place, contrary to Article 9 of the Misuse of Drugs (Jersey) Law 1978:

                  (count 4).

 

Age:     30 years; 11 months.                                                                                                                                                         

 

Plea:     Guilty.

 

Details of Offence:

 

Accused invited people back to his flat for an impromptu party.  Police responded to complaint from neighbour and discovered widespread drug use.  On searching accused's flat discovered 352.31 grams of cannabis together with scales, bags,  and utensils.  Also discovered £881.00 in cash.  5 ecstasy tablets found and a much smaller quantity of cannabis.

 

Details of Mitigation:

 

Naïve young man; very little drug awareness; difficult family background; mother had died 6 years earlier; father suffering from Alzheimer's  and living in Australia; terrified of going to prison.  Has re-offended whilst on bail by being found in possession of a small quantity of cannabis and would plead guilty to that charge.   Guilty plea.  Defence sought community service order with educational program to make him realise perils of drugs for himself and society.

 

Previous Convictions:

 

26.11.96 - 3 counts of possessing amphetamine sulphate; 2 counts of possessing cannabis resin; possessing utensils - £100.00 fine; and £50.00 fine.

 

Conclusions:                                                                            

                      Count 1:   1 ½ years' imprisonment;

                      Count 2:   2 weeks' imprisonment, concurrent;

                      Count 3:   6 months' imprisonment, concurrent;

                      Count 4:   3 months' imprisonment, concurrent.

                                                                                                   

Sentence & Observations of Court:

 

                      Count 1:   8 months' imprisonment.

                      Count 2:   2 weeks' imprisonment, concurrent;

                      Count 3:   6 months' imprisonment, concurrent;

                      Count 4:   2 months' imprisonment, consecutive.

                      Drugs destroyed; £881.00 forfeited as proceeds of drugs trading.

 

                     

                                                                          

M. St.J. O'Connell, Esq.,Crown Advocate

                                             Advocate C. Deacon for the Accused.

 

 

JUDGMENT

 

 

THE BAILIFF:

 

1.    The Court has given anxious consideration to this case but at the end of the day the Defendant was dealing in drugs, albeit at the lower end of the scale, and furthermore was allowing his flat to be used for the taking of drugs which we regard as an aggravating feature.   In addition, since being arrested for the offences for which he is now to be sentenced, he has been charged with another drugs offence.   Taking all those facts into consideration the Court cannot avoid imposing a custodial sentence.

 

2.    We do accept, however, the submissions of Defence Counsel that a lower starting point is appropriate having regard to the guidelines in A.G. -v- Campbell, MacKenzie and Molloy-v-A.G. (1995) JLR 135 CofA.   Taking into consideration all the circumstances we think that the right starting point on count 1 - supplying drugs in the quantity involved in this case - is one of 12 months' imprisonment.

 

3.    Having given weight to all mitigating factors, Swift, on count 1 you will be sentenced to 8 months' imprisonment; count 2, 2 weeks imprisonment, concurrent; count 3, 6 months' imprisonment, concurrent; count 4, 2 months' imprisonment consecutive; making a total of 10 months' imprisonment and we order the forfeiture and destruction of the drugs.  

Authorities

A.G. -v- Buesnel (21st August, 1996) Jersey Unreported.

A.G. -v- Jones (1^st May, 1998) Jersey Unreported.

A.G. -v- Spencer (13th June, 1997) Jersey Unreported.

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

A.G. -v- Flynn (28^th October, 1998) Jersey Unreported.

A.G. -v- Durkin (30^th October, 1998) Jersey Unreported.

A.G. -v- Heys & Anor. (9^th March, 2000) Jersey Unreported.

A.G. -v- Collins (10th September, 1999) Jersey Unreported.

Martin -v- A.G. (14^th January, 1998) Jersey Unreported CofA.

A.G. -v- Louis (13^th February, 1998) Jersey Unreported.

A.G. -v- Galante (25^th November, 1996) Jersey Unreported.

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

A.G -v- Munks  (8^th October, 1999) Jersey Unreported.

A.G -v- McCarthy (3^rd November, 1999) Jersey Unreported.

A.G -v- Cooke (24^th November, 1995) Jersey Unreported.

A.G -v- Edingborough (20^th January, 2000) Jersey Unreported.