Jersey Unreported Judgments

2001/132

ROYAL COURT

(Samedi Division)

 

8^th June 2001

 

 

The Attorney General

-v-

Stephen Ernst Schlandt

 

 

1 count of:	supplying a controlled drug, contrary to Article 5(b) of the Misuse of Drugs (Jersey) Law, 1978: Count 2: cannabis.
1 count of:	Possession of a controlled drug, contrary to Article 5(b) of the Misuse of Drugs (Jersey) Law, 1978: Count 3: heroin.

 

[The Crown abandoned the prosecution on count 1].

 

Age:     25.       

 

Plea:    Guilty.  

 

Details of Offence:

In executing a search warrant at Schlandt's home the police found two syringes containing heroin and a notebook which contained details alleged to be a deal list.  Schlandt admitted that the syringes contained heroin and that he was intending to inject himself and admitted supplying two friends with half an ounce of cannabis.  Expert opinion was to the effect that this would be regarded as a small commercial amount at the lower end of the scale.  The value of the heroin in the syringes was approximately £15.

 

Details of Mitigation:

The guilty plea and co-operation.  Schlandt had been a heroin addict since the age of 19 and had indicated his willingness to overcome his addiction despite the fact that previous sentences involving attendance at the Drug and Alcohol Advisory Centre had only been of temporary benefit.

 

Previous Convictions:

1996: possession of heroin and cannabis.

1998: possession of cocaine and cannabis.

1999: possession of heroin and cannabis.

 

Conclusions:

 

Count 2:	6 months' imprisonment.
Count 3:	6 months' imprisonment, concurrent.

 

 

Sentence and Observations of Court:

 

Count 2:	1 year probation order; 120 hours' community service.
Count 3:	1 year probation order, 120 hours' community service, concurrent.

 

Conditions attaching: (1) attending SMART course; (2) attending Drug and Alcohol Service; (3)  abstaining from taking opiates and submitting to random drugs tests.

 

 

A.R. Binnington, Esq., Crown Advocate.

Advocate C.M. Fogarty for the accused.

 

 

 

JUDGMENT

 

 

 

THE DEPUTY BAILIFF:

1.        This is another case which shows the devastating consequences of heroin addiction.  You appear before us, not only for possession of heroin, but also for selling a small amount of cannabis to some friends.  Normally, particularly with your previous record, there would be no question but that a prison sentence was the right sentence.  However, we note from the reports that, perhaps, you really do see this as a turning point in your life.  We hope that that is the case.  We have read your letter where you certainly say that is what you feel and that you are determined to conquer your problem with help.

2.        In all the circumstances we have decided to give you this final chance that you have requested in the hope that you will obtain help and you will conquer your addiction.

3.        We propose therefore to place you on probation for 1 year with the conditions recommended in the report which are that you should attend a SMART course; that you must attend the Alcohol and Drug Service and comply with treatment conditions as directed by that service and you must remain abstinent from all non-prescribed opiates and benzodiazepines which can be confirmed by random urine analysis.

4.        In addition, we think that you must be punished and we, therefore, propose to make a community service order of 120 hours and we say that the alternative prison sentence we had in mind was one of 6 months' imprisonment.  Let me explain to you that you must comply with all these conditions, the probation order and in particular you must keep free of drugs.  You must also carry out the community service as directed.  If you breach any of these - if you commit further offences or do not do what you are told by your probation officer, or you do not carry out the community service then you will be brought back here and the Court will send you straight to prison.  We hope that you will take advantage of this opportunity.  We further order the forfeiture and destruction of the drugs.

Authorities

A.G.-v-Smitton (5^th February, 2001) Jersey Unreported; [2001/31].

A.G.-v-de la Haye & Kearney (15^th December, 1995) Jersey Unreported.

A.G.-v-Buesnel (1996) JLR 265.