Jersey Unreported Judgments

 [2003]JRC067

ROYAL COURT

(Samedi Division)

 

7^th April 2003

 

 

The Attorney General

-v-

Steven Maurice Batho

 

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 19th February, 2003, following conviction, after entering a Not Guilty plea to the following charges:

 

1 count of:	Possession of a controlled with intent to supply, contrary to Article 6(2) of the Misuse of Drugs (Jersey) Law 1978: Count 1: cannabis.
1 count of:	Possession of a controlled, contrary to Article 6(2) of the Misuse of Drugs (Jersey) Law 1978: Count 2: ecstasy.

 

Age:     41

 

Details of Offence:

Batho was the Sexton of St. Saviour's Parish Church.  He worked from a shed located in the corner of the Churchyard.  During a search of the area Police Officers found tins containing bars of cannabis resin, 5 ecstasy tablets, £610 in cash and weighing scales in 8 different locations around the Churchyard, 6 of which were in close proximity to the shed.  The total weight of the cannabis was 8.4 kilograms.  He was arrested that morning.  He had in his possession several clear polythene bags, £664.15 in cash and 2 mobile telephones.  Various items including clingfilm, bin liners, tins and bank bags were found in the shed.  Batho's prints were found in two different locations.

Batho denied all knowledge of the drugs, cash and scales that were found.  He claimed that a number of people had access to the shed.  He said that he used the clingfilm to wrap and prepare food in the shed.  He said that he kept money bags to collect loose change.  As for his prints, he said he had handled items, which had then been taken from the shed by someone else who had stashed the drugs and cash in the Churchyard.  He said that the cash found in his possession had been accumulated by him and his wife and that it represented an instalment of a loan given to him by a friend so that he could buy his Harley Davidson motorbike and the cost of the service of that motorbike.

 

Details of Mitigation:

41 years old.  Jersey born.  Married with two young children.  Previous good character.  Good employment record.  Excellent references provided.  Delay in proceedings.  Family under enormous stress.  Wife recently diagnosed with serious illness.  Prognosis uncertain and need for ongoing treatment.  Possibility that children may have to be put into care.

 

Previous Convictions:

Various convictions for offences committed over 15 years ago.  No previous convictions for drug related offences.  Treated by the Crown as a man of previous good character.

 

Conclusions:

Count 1:	4 ½ years' imprisonment.  (starting point: 5 ½ years' imprisonment.)
Count 2:	6 months' imprisonment, concurrent.

 

 

Sentence and Observations of Court:

Count 1:	2 years' imprisonment.
Count 2:	6 months' imprisonment, concurrent.

Forfeiture and destruction of the drugs.

The Court did not disagree, in principle, with the Crown's conclusions but decided as an "act of mercy" to reduce the Crown's conclusion on Count 1 to that of 2 years' imprisonment.  The Court commented that Batho had to wait almost 1 year for his case to come to a conclusion.  There was nothing to show that he had a background of drug dealing and his family is under enormous family stress. 

 

M. St. J. O'Connell, Esq., Crown Advocate.

Advocate D. Cadin for the accused.

 

 

 

JUDGMENT

 

 

 

THE commissioner:

1.        For the past seven years Batho has been the sexton of St Saviour's parish church.  It is a position of some responsibility.  In the early hours of 29^th April PC Lee with a sniffer dog carried out a search of the graveyard.  His search revealed two biscuit tins sealed with white tape and located behind a gravestone.  These contained bars of cannabis resin.  A baby food tin concealed under branches and soil revealed more cannabis resin and a further biscuit tin under a headstone even more cannabis resin.  We have seen the spots indicated on a plan.  £610 in cash was found concealed inside another tin in the workshop.

2.        Later that morning PC Lee came back with the sniffer dog.  He discovered a further sack containing cannabis concealed in leaves and soil as well as a polythene bag containing further bars of cannabis.  The cannabis was found in eight different locations, although six were in close proximity to the shed in which Batho worked.  Later, some of the cannabis wrapping was forensically matched to Batho's palm and fingerprints.  Even with that evidence confronting him Batho continued to deny knowledge of the drug.  With the cannabis a set of weighing scales were found in a spectacle case concealed in one of the locations and five ecstasy tablets were found on the top of a tin inside the petrol shed where Batho, who has a disposable income of £50 a week, kept his Harley Davidson motorbike.

3.        When he was arrested, initially, Batho had £664.15 in cash on his person, £400 of which was in a money bag separate from his wallet and two mobile telephones.  The local street value of the cannabis was £49,320.43 and the wholesale value was £33,925.99.  The ecstasy tablets represented a personal amount with a value of £60 - a local wholesale value of £30-£50.

4.        Still protesting his innocence, he was tried before the Inferior Number but found guilty on 19^th February.  We must say at once that Batho has a record but it is of no significance for today's sentencing and we agree that he can be regarded as of good character as he has no previous convictions for drug related offences.  Because the total amount of cannabis resin was 8.5 kilograms this represents a large commercial quantity of the drug.  As we have said, the five ecstasy tablets represent a personal amount of the drug. 

5.        We have looked very carefully at the Court of Appeal judgments in Campbell and ors -v- AG [1995] JLR 136   and Rimmer and ors -v- AG [2001] JLR 373.  The weight of the cannabis would put this in the two to six year band for one to ten kilograms of cannabis.  Before we set a starting point we have to say that there is nothing to show a background of any drug dealing in the assessments of the Attorney General.  We would take five years as a starting point.  Batho was found guilty after trial, he has excellent references and, as we have said, no previous record.  He has had a long wait for his trial.  There is now enormous family distress caused by a recent medical diagnosis of Mrs Batho. 

6.        But this was a very large amount of drugs and, on the face of it, we have little argument with the learned Crown Advocate's conclusions.  We have to say that the Jurats are not unanimous but the majority feel that a prison sentence, despite the harrowing personal circumstances, drawn to our attention by Mr. Cadin, is inevitable.  I have to say that the sentence would have been much higher but as an act of mercy we are sentencing you to two years' imprisonment with six months' on count two, concurrent and we order the forfeiture and destruction of the drugs.    

Authorities

Campbell and ors -v- AG [1995] JLR 136.

Rimmer and ors -v- AG [2001] JLR 373