Jersey Unreported Judgments

2002/219

ROYAL COURT

(Samedi Division)

15^th November, 2002

The Attorney General

-v-

William Swanston

Age:     44.

Plea:    Guilty.

Details of Offence:

Having been arrested on suspension of being involved in the importation of a controlled drug Swanston was searched and a small package of heroin weighing 367 milligrams with a purity of 10% diamorphine was found on him.  Swanston was subsequently charged with importation but this matter was not pursued and he therefore found himself before the Royal Court merely on the possession charge.

Details of Mitigation:

Mr Swanston was being treated on a methadone programme by the Drug and Alcohol Service.  He has Hepatitis C and needed to detox in order to start his Hepatitis C course of treatment.  He has been entirely co-operative and had freely admitted his addiction.  Due to the other more serious charges which were subsequently abandoned this charge had been hanging over his head since the 2^nd April of this year.  He had spent eight days in custody.  He also had a sick wife and it was stated that if he were to go to prison this would have a dramatic effect on his wife progress with regard to her heroin addiction.  He had previous convictions, four of which were drug related, but there had been a fourteen year gap in his record.

Previous Convictions:

Drugs convictions.

Conclusions:

6 months' imprisonment.

Sentence and Observations of Court:

The Court stated that Swanston's real problem was his heroin addiction.  In general circumstances if there are previous convictions for the possession of Class A drugs a custodial sentence would follow, however, the Court was persuaded to give Swanston a chance to prove that he intended to try and concur his addition.  The Court also had regard to his wife's attempts to conquer her addiction and Mr Swanston's assistance to her in this regard.  They had taken account of the delay because of the other charge but particularly the efforts he was making voluntarily attending the Drug and Alcohol Service.  The Court imposed a sentence of six months probation with a condition that he attend the Drug and Alcohol Service as directed and remained free of opiates and submit to random urine samples.  He was warned that should be breach the order he would receive a custodial sentence.

Advocate S.E. Fitz, Crown Advocate.

Advocate D. Gilbert for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        Your problem is your heroin addiction.  You have four previous convictions although the last one was some 14 years ago.  Generally for somebody who has previous convictions for possession of class A drugs, prison is the sentence if that person re-offends.  However, we have been persuaded to give you a chance to prove what you have said and for you to try and conquer your heroin addiction.

2.        In particular, we have had regard to your wife's attempts to overcome her heroin addiction and your help to her, the delay in bringing these proceedings because of the more serious charges, which have been abandoned, and most importantly the efforts that you have been making voluntarily.  So we are persuaded that you really do want to try and conquer your addiction.  I must warn you that it is now over to you.  If you fail then you will be brought back before the Court and you will be sent to prison. 

3.        The sentence of the Court therefore is that we are going to place you on probation for 6 months with a condition that you attend the Drug and Alcohol Service as directed; with the further conditions that you are to remain free of opiates and that you undergo random urine samples in order to ensure that is so. 

Authorities

A.G. -v- Buesnel [1996] JLR 265.

A.G. -v- Vieira (24^th April, 1998) Jersey Unreported; [1998/86].

A.G.-v- Vieira (25^th January, 2002) Jersey Unreported; [2002/26].

A.G. -v- Vieira (26 July, 2002) Jersey Unreported; [2002/142].