Jersey Unreported Judgments

 2002/26

ROYAL COURT

(Samedi Division)

 

25^th January 2002

 

 

The Attorney General

-v-

David Caboz Vieira

 

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).

 

Breach of a 2 year Probation Order, made on 11^th July, 2000, in the Royal Court [2001/130] on guilty pleas to 6 counts of breaking and entering and/or assisting thereat; 1 count of receiving; and 1 count of possession of cannabis.

Age:     22                    

 

Plea:    Guilty.  Breach admitted. 

 

Details of Offence:

During the course of the execution of a drugs warrant at premises Vieira was searched and was found to be in possession of a small bag of brown powder.   This was subsequently analysed and found to be 350 milligrams of Heroin containing 69% by way of Diamorphine.   Vieira admitted that the Heroin was his and that it was his intention to smoke the drug.   He claimed he had purchased one gram of Heroin for £150 two days' prior to his arrest from a male that he did not know.   Vieira in consequence of this offence and also in consequence of his failure to report when required to the Probation Department was in breach of a two year Probation Order imposed by the Royal Court on the 11^th July 2000. (See AG -v- Vieira and others) 11^th July, 2000.

 

Details of Mitigation:

Plea of guilty and co-operative.   Still a relatively young offender only aged 22.  Had previous criminal record including three previous offences for possession of cannabis although first offender for Class A drugs.   The reports revealed a poor upbringing with minimal parental influences.   Despite his age he was described as shy and child like.   Has a sporadic work history.  The offence on the indictment would have been dealt with within the Magistrate's Court's powers but for the existence of the Probation Order.   For the first twelve months of the Probation Order he had made a very positive response in that he had successfully completed the Community Service aspect and also the SMART programme.   The Alcohol and Drug Service report revealed positive signs that Vieira wished to overcome his Heroin problem.   Defence Counsel submitted that Vieira should be encouraged in that motivation.

 

Previous Convictions:

Possession of Cannabis x 3.

Larceny from motor vehicle x 3.

Breaking and Entry and commits crime and/or with intent to commit crime x 7.

Receiving stolen property and larceny by finding.

 

Conclusions:

Count 1:

Binding Over Order for 6 months' on the following conditions: He 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 uranalysis. He complies with the treatment goals agreed with the Alcohol and Drugs Service.

An Order for the forfeiture and destruction of the drugs.

Insofar as concerns the breach of the Probation Order dated 11^th July, 2000, no penalty to be imposed for the breach and the remaining of the existing Order to be discharged.

 

Sentence and Observations of Court:

Vieira was very close to crossing the line beyond which the Court has no alternative but to send Vieira to prison.   He had been given opportunities in the past.   It was only because he had completed the Community Service Order  and the SMART programme within the first 12 months and had generally shown willing to comply with the Probation Order that the Court was going to agree with the Crown's Conclusions.   The Court therefore discharged the existing Probation Order and imposed a Binding Over Order on Vieira on the conditions that he:

He attends the Alcohol and Drugs service for a period of six months.

Remained free from all non-prescribed opiates to be confirmed by random urine tests.

Comply with the treatment goals agreed with the Alcohol and Drugs Service.

The Court orders the confiscation and destruction of the drugs.

 

 

J. C. Gollop, Esq., Crown Advocate.

Advocate H.M. Boléat for the accused.

 

 

 

 

JUDGMENT

 

THE BAILIFF:

1.        Vieira, you have come very close, once more, to crossing the line beyond which the Court will have to send you to prison.  You have been given a number of opportunities in the past.  It is only because in the last 12 months or so you have completed the community service that you were ordered to do, completed the SMART course successfully, and have generally shown yourself willing to cooperate with the Probation Service, that we are going to take those factors into account and grant the conclusions of the Crown. We are not going to send you to prison for the further offence that you have committed. 

2.        We will discharge the existing Probation Order and we are going to impose in respect of the offence to which you have pleaded guilty today a Binding Over Order for a period of 6 months, subject to these conditions, which I am sure have been explained to you, but which I will repeat.  They are: that you will attend the Alcohol and Drug Service, as required, during the period of the Binding Over Order; that during the period of the Order you will remain free from all non prescribed opiates, which will be confirmed by random urine tests; and thirdly that you will comply with the treatment goals which will be agreed with the Alcohol and Drug Service.  Do you understand those conditions and are you prepared to comply with them? We make the Binding Over Order and we hope that we are not going to see you again.  We order the forfeiture and destruction of the drugs.

No Authorities