Jersey Unreported Judgments

[2003]JRC032

ROYAL COURT

(Samedi Division)

 

13^th February 2003

 

 

The Attorney General

-v-

Serge Peacock

 

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 8^th November, 2002 following a guilty plea to the following charges:

 

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 1: MDMA.

 

Age:     23.

 

Details of Offence:

 

Defendant was observed walking down Great Union Road acting suspiciously and he was stopped for the purpose of a search.  He was found to be carrying 497 ecstasy tablets with a street value of approximately £4,970.

 

Details of Mitigation:

Defence counsel handed up letter written by defendant (copy not provided to the prosecution) offering explanation of how he came to be carrying so many tablets: he was returning them to the supplier.  References.  Expressed apologies and deep regret.  Admitted he had used drugs in the past.  Social Enquiry Report showed troubled background.  However had recently completed apprenticeship as stonemason, made efforts to reform himself and had formed a stable relationship with a female and her 4 year old son.  Assessed as low to medium risk of re-offending.

 

Previous Convictions:

 

7 previous convictions involving 15 offences, 4 of which were drug related.  In 1999 served 10 months' youth detention and in November 2000 was sentenced to 3 years' imprisonment for drugs offences in France, 18 months of which was suspended.

 

Conclusions:

 

Count 1:

5 years' imprisonment. (8 year starting point); £2,982 confiscation order.

 

Sentence and Observations of Court:

 

Count 1:

4 years' imprisonment.

 

Court found defendant mere custodian and took lower starting point.  Allowance for youth, guilty plea, Social Enquiry Report and efforts to turn himself around.  Good references.  In particular circumstances of the case 4years' imprisonment.

 

Mrs S. Sharpe, Crown Advocate.

Advocate J Grace for the defendant.

 

 

 

JUDGMENT

 

THE commissioner:

1.        The defendant was observed by plain clothes police officers in Great Union Road on the 6^th September.  He was stopped and arrested and was found to be in possession of drugs.  He threw 497 ecstasy tablets, 200 with an average of 82 milligrams and 297 with an average of 4 milligrams on the ground.  The street value of these drugs was about £4,970. 

2.        It must be said, at once, that the defendant is not of good character.  He has 7 previous convictions involving 15 offences, 4 of which are drug-related.  Importantly, perhaps, he has served a term of imprisonment in France for drugs offences.  Looking at the case of Bonnar and Noon -v- A.G. [2002] JLR 626 the Court of Appeal set bands of starting points for terms of imprisonment for drugs offences of this nature and for the number of units involved: 1 - 500, with a starting point of 7 - 9 years.  However, the Court of Appeal said that adjustment could be made within such bands to take account of the rôle and involvement of the defendant and other less significant factors including the values.

3.        Advocate Grace in her address to us takes exception at the starting point set out by the learned Crown Advocate.  We have of course to look at his level of involvement, and in that regard it seems to be important that we read the letter that he sent to us, which we received this morning.  What he says is this - and it bears up what he said to the Probation Officer in interview:

"I used the pub pay box telephone to ring up some people who I thought might be able to obtain the tablets for me.  At first I had no luck and carried on drinking with my friends.  I had now got rather drunk at this stage having consumed between 6 and 7 pints of "Breda" larger.  I then tried another number and was told that they would be able to supply me with Ecstasy.  I asked how much they would cost, and I was told £5.00 each which I thought was cheap.  I said I would take 5 tablets off them.  The dealers instructed me to meet them at the Parade Park at about 5 o'clock.  I advised my friends that I was leaving and would be back shortly

I went to the Parade Park at 5 o'clock as agreed.  I met 2 men they showed me a bush, and told me they were in there and said that they want the money for them by Monday.  I was not to touch or go near them until they were out of sight.  I went to the toilet and then returned to the bush.  I searched amongst it and was shocked to find numerous bags containing tablets.  I took one bag out of the larger plastic bag and counted out 5 and then returned the 5 pills with the rest back into the bush and hurriedly left for the phone box. I telephoned the dealer and said there had been a huge misunderstanding.  I told him that I only wanted 5 and that there was a commercial amount there that I didn't want.  I told him that I would take my 5 tablets and leave him to fetch back the Ecstasy that I did no want.  He became very aggressive with me over the phone which extremely frightened me.  He told me that there were 500 pills there which scared me even more.  They said to meet them in 5 minutes outside the Great Union Betting shop.

So I took the plastic bag containing the Ecstasy tablets.  I was that drunk I forgot to pick up the other 5 in the bush and remembered I had left them there half way through my journey, which I did not think was a problem as I would have walked back that way to the pub.  I knew that I was very stupid taking the Ecstasy tablets back but in a way it was a method of getting myself out of this misunderstanding.

It was while I was on my way to the Betting shop that I was approached by a young man and woman identifying themselves from the Drugs squad.  I threw all the tablets to the floor and held my hands in the air.  I immediately admitted the drugs were in my possession.  I was in shock and terrified and knew I was in serious trouble.  The 2 men I was due to meet were dangerous and I am extremely frightened of them.  I fear for reprisals against myself, my girlfriend and her 4 year old son whom I live with if I was to name the dealers.  I have already received threats of this nature whilst on remand in La Moye prison".

4.        It is clear to us from that account - which we have to follow according to the Court of Appeal - that he was a mere custodian and we are minded to look at a lower starting point than that suggested by the learned Crown Advocate.  We must remember that he is only 23 years old, and he has entered a guilty plea.  The Social Enquiry Report outlines the difficulty he has had in growing up.  He has apparently made a real effort to turn himself around.  There is a stable relationship with his girlfriend and her small son, and more importantly he has completed work as a stonemason.  The Probation Office regard him as low to medium risk of offending again.  He has expressed his apologies and his deep regret.

5.        We were particularly impressed by two of the letters that we received, one from the Principal of Les Chênes, and one from his employer where he had worked as a stonemason.  In the particular circumstances of this case, and we say they are particular, we are going to lower the starting point and you are sentenced to 4 years' imprisonment.  We order forfeiture and destruction of the drugs.

Authorities

Bonnar and Noon -v- AG [2001] JLR 626.

Drugs Trafficking Offences (Jersey) Law 1988, as amended in 1996: Art. 6(3)(b).