Jersey Unreported Judgments

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Cite as: [2002] JRC 142

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2002/142

ROYAL COURT

(Samedi Division)

26^th July, 2002

Before:

M.C. St.J. Birt, Esq., Deputy Bailiff and Jurats Rumfitt and Bullen.

The Attorney General

-v-

David Caboz Vieira

Breach of a 6 months' Binding Over Order, made on 25^th January, 2002 by the Royal Court, with the following conditions attaching: Vieira attends the Alcohol and Drugs service for a period of six months; he remains free from all non-prescribed opiates to be confirmed by random urinalysis; and he complies with the treatment goals agreed with the Alcohol and Drugs Service (See Jersey Unreported Judgment of 25^th January, 2002 [2002/26]) following a guilty plea to :

1 count of:

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

Count 1: diamorphine (heroin).

Age: 22

Plea: Breach admitted.

Conclusions:

6 months' imprisonment, discharge of binding over order.

Sentence and Observations of Court:

Conclusions granted.

C. Yates, Esq., Crown Advocate.

Advocate D.M.C. Sowden for the defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1. Now, Vieira, you were told by the Bailiff on the 25^th January, 2002, that you had come very close to crossing the line beyond which the Court would have to send you to prison. You have been given many opportunities before despite offending fairly regularly. So you were given a final chance by the binding over order in January, with conditions that you should undergo treatment with the Drug and Alcohol Service.

2. You have failed to comply with that chance. You committed a further offence of possession of cannabis on 1^st May, 2002, and then you failed to keep in touch with the Drug and Alcohol Service. Advocate Sowden explained that this arose because you had changed your address. But it was your duty to notify the Drug and Alcohol Service if you changed address. You had been given a chance, and it was your duty to keep in touch with the Drug and Alcohol Service so that you could undergo the treatment to help you.

3. We are quite satisfied that you have been given every chance and there is no alternative now but to send you to prison. You have failed to take advantage of the many chances that the Court has given you. We have considered carefully the length of the sentence. We accept that this is your first conviction of possession for heroin, a Class A drug, but you already have four convictions for possession of Class B drugs, and in all the circumstances we think that the conclusions are correct.

4. The sentence of the Court is 6 months' imprisonment, and the binding over order is discharged.

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