Jersey Unreported Judgments

[2003]JRC070

ROYAL COURT

(Samedi Division)

11^th April 2003

The Attorney General

-v-

Michael Hodgson

Age:     43

Plea:    Guilty

Details of Offence:

The defendant was stopped by Police and searched as he left the Tivoli Tavern.  He was found to be in possession of 13.93 grams of cannabis resin (Count 1).  Officers then executed a warrant at his home address across the road and with the assistance of the defendant found a total of 186.06 grams of cannabis resin secreted in various places (Count 2) together with a "nine-bar" of cannabis resin (Count 3).  The defendant also volunteered 13 ecstasy tablets that were in a trouser pocket (Count 4).  Electronic scales were seized at the address that showed traces of cannabis.  At interview the defendant said that the ecstasy and the loose cannabis were for his personal use.  He said that he used drugs very regularly.

A total of £8,160 in cash was found in various locations at the address.  Although he was currently claiming sickness benefit, he also owned a car worth £11,000.00 that he said he had bought outright with cash.  He could not however provide satisfactory evidence as to the provenance of those funds.  There was unexplained income identified in his bank accounts.

Details of Mitigation:

Guilty plea, co-operation with police from an early stage, ill health, good work references, married with children.

Previous Convictions:

Four previous convictions comprising seven offences.  Two for possession of small amounts of cannabis in 1996 and 1998 - non-custodial sentences.

Conclusions:

Starting point: 2 years' imprisonment.

Sentence and Observations of Court:

Starting point endorsed - the Court entitled to take into account all circumstances of the case rather than merely the weight of the drugs in Count 3.  Forfeiture and destruction of drugs.  Confiscation Order granted in the sum of £19,318.05.

Conclusions granted.

C.M.M. Yates, Esq., Crown Advocate.

Advocate J. Bell for the Defendant.

JUDGMENT

THE BAILIFF:

1.        For six months or so this Defendant was receiving sickness benefit and supplementing his income by trafficking in drugs.  When the police searched his home they found drugs, cash and scales impregnated with cannabis. 

2.        Defence counsel has challenged the starting point of 2 years' imprisonment adopted by the Crown Advocate on the basis that the amount of cannabis involved in count 3 is only one 9 bar, that is to say a quarter of a kilogram.

3.        The Court has, however, to look at the matter in the round.  It is the nature and scale of the drug trafficking activity which constitute the gravity of the offence.  That is indicated not only by the amount of drugs found in the possession of the defendant by the police, but also by the cash found on the premises and by the fact that the defendant has consented to a confiscation order in the sum of £19,000.

4.        We have taken into account all the mitigating factors outlined very carefully by your counsel.  You pleaded guilty to the indictment, you have provided excellent references which we have also taken into account.  At the end of the day, however, you are old enough and experienced enough to know the consequences of trafficking in drugs.  We think the mitigating circumstances have been taken fully into account by the Crown Advocate and the conclusions are accordingly granted. 

5.        You are sentenced on count 1, to 1 week's imprisonment; on count 2, to 6 months' imprisonment; on count 3, to 9 months' imprisonment; on count 4, 6 months' imprisonment; all sentences to run concurrently, and we order the forfeiture and destruction of the drugs.

Authorities

Campbell & Ors [1995] JLR 136.