Jersey Unreported Judgments

2001/13

3pages

ROYAL COURT

(Samedi Division)

 

12^th January, 2001

 

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

Jurats Myles and Le Ruez

 

The Attorney General

-v-

Ross David Barry

 

 

Sentencing by the Inferior Number of the Royal Court, following conviction on 6^th December, 2000, on:

 

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

                    Count 2: MDMA.

 

[The defendant was found not guilty on count 1 of the indictment and was discharged on this count].

 

Age:    18.

 

Details of Offence:

 

Prosecution sentence on the basis of the version of events given by Barry at his trial on 6^th December, 2000.  Whilst at a nightclub Barry struck up a conversation with older male and female.  Barry was aware that the male was dealing in ecstasy and the male offered some tablets to Barry which he refused.  Upon returning to his seat, having purchased drinks for the male and female, Barry noticed a plastic bag.  The male looked at Barry and said to him: "Ross, take that bag and walk away."  Barry picked up the bag which contained 15¼ MDMA tablets, placed it in his left trouser pocket and began to walk away but was immediately stopped by members of the nightclub staff who suspected he had been involved in dealing with drugs.  Drugs had a street value of between £180 and £225 or wholesale value between £90 and £150.

 

Details of Mitigation:

 

Guilty plea; co-operative with police during question and answer interview; youth; character references handed up.

 

Previous Convictions:    None.

 

Conclusions:

 

6 months' youth detention (on the basis that Barry knowingly assisted drug trafficker).

 

Sentence and Observations of the Court:

 

12 months' Probation Order with 100 hours' community service, in the light of bizarre circumstances and age of accused.

 

 

P.     Matthew, Esq., Crown Advocate.

Advocate N.J. Chapman for the Defendant.

 

JUDGMENT

 

THE DEPUTY BAILIFF:

 

 

1.            Regarding the facts of your case, we note that you took possession of 15 ecstasy tablets in somewhat bizarre circumstances.  We are not entirely surprised that the Crown considered - because you were taking drugs from someone you knew to be a dealer - that a custodial sentence was correct.  However, we have taken account of your previous good character; most importantly your youth; and the fact that you have a supportive family and you have a good employment record.  All those facts have stood you in good stead and as a result we feel that we can deal with this by way of a non-custodial sentence.

 

2.            Therefore we are going to place you on an unsupervised Probation Order for 12 months with the condition that you undertake 100 hours of community service during those 12 months.  We do not want to see you in this Court again, so it is up to you.  Should you fail to carry out the community service you will be brought back here and punished.  We order the forfeiture and destruction of the drugs.

Authorities

 

 

A.G. -v- Perkins (25^th August, 2000) Jersey Unreported.