Jersey Unreported Judgments

You are here: BAILII >> Databases >> Jersey Unreported Judgments >> AG v Ashworth [2002] JRC 24 (25 January 2002)
URL: http://www.bailii.org/je/cases/UR/2002/2002_24.html
Cite as: [2002] JRC 24

[New search] [Help]

2002/24

ROYAL COURT

(Samedi Division)

25^th January, 2002

Before:

Sir Philip Bailhache, Bailiff and Jurats

Quérée and Bullen

The Attorney General

-v-

Neil Ashworth

1 counts of:

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

count 1:MDMA;

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 2: MDMA.

Age: 23

Plea: Guilty.

Details of Offence:

Found outside Victoria Club by routine patrol. Search revealed 63 tablets (88 mg average). Total value £756-£945. Said he was 'holding it for friend'. He knew what it was.

Details of Mitigation:

Youth; no previous convictions for drugs; pleaded guilty; ready admission.

Conclusions:

Count 1:	to remain on file.
Count 2:	3 ½ years' imprisonment.

Sentence and Observations of Court:

Count 1:	to remain on file.
Count 2:	3 years' imprisonment.

T.J. Le Cocq, Esq., Crown Advocate.

Advocate R. Juste for the Defendant.

JUDGMENT

THE BAILIFF:

1. This accused has pleaded guilty to one count of possession of 63 ecstasy tablets with intent to supply. The tablets are Class A drugs and have a street value of between £750 and £900. The accused claims that he was no more than a minder but, as the Court has said on other occasions, everyone who plays a part in the chain of distribution whether as courier, minder or dealer, is engaging in drug trafficking activity and is helping to spread the scourge of drugs.

2. We follow the guidance given by the Court of Appeal in Bonnar and Noon -v- A.G. (26^th October, 2001) Jersey Unreported CofA [2001/45], and adopt, as recommended by the Crown Advocate, a starting point of 7 years' imprisonment.

3. The accused is not of good character but his previous convictions are for relatively minor offences and do not include offences involving drugs. He was, to his credit, immediately co-operative with the police, admitted the offence and pleaded guilty to the charge. He is 23 years of age and, as Defence Counsel has rightly said, is entitled to some consideration for his youth.

4. Stand up, please, Ashworth. The Court has taken account of the submissions made by your Counsel and feels able to apply slightly greater effect to the mitigating factors than moved for by the Crown Advocate. The sentence of the Court is that you will go to prison for 3 years and we order the forfeiture and destruction of the drugs.

Authorities

A.G. -v- Cousins (22^nd February, 2001) Jersey Unreported; [2001/45].

A.G. -v- Forrester & Ors. (22^nd March, 2001) Jersey Unreported; [2001/67].

Forrester -v- A.G. (19^th July, 2001) Jersey Unreported; [2001/149].

Bonnar & Noon -v- A.G. (26^th October, 2001) Jersey Unreported; [2001/212].