Jersey Unreported Judgments

 [2003]JRC118

ROYAL COURT

(Samedi Division)

 

10^th July 2003

 

 

The Attorney General

-v-

Henry Samuel Evans;

Kevin John Le Maistre.

 

Sentencing by the Superior Number of the Royal Court, to which the defendant, Henry Samuel Evans, was remanded by the Inferior Number, en police correctionnelle, on 28^th May, 2003, following his conviction on that day to the counts set out below; and to which the defendant, Kevin John Le Maistre, was remanded by the Inferior Number on 27^th September, 2002, following a guilty plea to the counts set out below:

 

Henry Samuel EVANS

1 count of:	supplying a controlled drug contrary to Article 5(b) of the Misuse of Drugs (Jersey) Law 1978: Count 2: cannabis resin.
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 3: cannabis resin.

[On 28^th May, 2003, the Crown withdrew counts 1 and 4 of the indictment.]

 

Age:     52.

 

Plea:    Guilty.

 

Details of Offence:

Evans movements were being monitored by police officers as he drove to various locations.  He visited a builder's yard which he rented in St Peter and collected four nine-bars of cannabis, placing them in a black bin liner before putting them in the boot of his car.  Later that morning he was observed meeting Le Maistre at a car park in Journeaux Court.  After the men had a brief conversation, Evans left the vehicle, went to the boot, removed the black bin liner and returned to the driver's seat, handing Le Maistre the bin liner (count 2).  After another short discussion, Le Maistre left the Astra and was immediately arrested in possession of the black bin liner which contained four nine-bars of cannabis weighing 984.64 grams (counts 5 and 6).  Evans was arrested in his car and found to be in possession of £850 in cash which Le Maistre later claimed he had given to Evans for the drugs.  The cannabis was embossed with the words "Cold Ketuma".  A search of the builder's yard revealed 36 further nine-bars of cannabis and one part nine-bar hidden under a wheelbarrow weighing 8,964.01 grams.  Another seven complete nine-bars and one part nine bar weighing 1,888.56 grams were found nearby.  A total weight of cannabis seized at the builder's yard was 10,852.57 grams (count 3).  These bars were also embossed with the words "Cold Ketuma".  A search of Le Maistre's home revealed 11 ecstasy tablets (count 8), 64.51 grams of cannabis (count 7), a set of weighing scales and a separate box containing six sets of electronic scales.  Evans provided "no comment" responses to substantive questions and made no mention of having visited the builder's yard that morning.  Le Maistre admitted that he was an habitual user of cannabis with a habit costing him approximately £15 per day, together with admitted occasional use of ecstasy.  He said he had gone to meet Evans to purchase one nine-bar at a reduced price of £850 (wholesale price usually approximately £1,000) because the deal had been arranged through a friend.  He knew that there was more cannabis in the black bin liner than he wanted although he was unaware of the exact quantity.  He admitted he should have left it in the car but he did not.  He claimed that Evans told him to take the bag and they would sort out payment at a later date.  Le Maistre denied the £850 was a down payment for the drugs, claiming he intended to hand them back to Evans.  He admitted possessing the ecstasy and cannabis found at his home.  Le Maistre made a later statement under caution, purporting to claim that it was he who was trying to sell the cannabis to Evans, but he later retracted this.       

 

Details of Mitigation:

Evans indicated he had already instructed his counsel to appeal against his conviction.  The drugs involved in count 2, the four nine-bars, weighed slightly less than a kilo and the Court was invited to reduce the starting point laid down in Campbell for 1-10 kilos of cannabis.  His strongest mitigation was his age (52) and previous good character, always having been in full time employment since he commenced living in the island 32 years ago.  He had been engaged over the last 16 years by the States Housing Department as a self-employed carpenter.  Social Enquiry Report said low risk of re-offending. 

  

Previous Convictions:

None.

 

Conclusions:

Count 2:	21 months' imprisonment. (2 year starting point)
Count 3:	5 years' imprisonment. (6 year starting point)

Total: 5 years' imprisonment.

£47,000 confiscation order.

 

Sentence and Observations of Court:

Conclusions granted; confiscation orders granted.

Kevin John Le Maistre.

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 5: cannabis resin.
2 counts of:	Possession of a controlled drug, contrary to Article 6(1) of the Misuse of Drugs (Jersey) Law 1978: Count 7: cannabis resin. Count 8: MDMA.

 

[The Crown withdrew count 6.]

 

Age:     41

 

Plea:    Guilty.

 

Details of Offence:

See Evans above.

 

Details of Mitigation:

Le Maistre - an intelligent man who had achieved a scholarship to Victoria College.  Both parents were in Court to support him.  Court invited to reduce starting point of two years.  Guilty plea had been entered at earliest opportunity on 6^th August 2002.  At sentencing he had served the equivalent of one year six months 23 days on remand in custody.  Evans on the other hand had been on bail.  As a person on remand, Le Maistre did not have the same benefits as convicted defendants who are able to work and save money pending their release.  Social enquiry Report suggested a "sea Change" in Le Maistre's attitude to drug taking which he had indulged for many years.  He had been able to obtain employment as a cab driver since his release on bail on 20^th June 2003.  Asked that 19 months' be reduced to 17 months' so that he would not have to return to prison for four days.  References handed up. 

 

Previous Convictions:

Possession of and supplying cannabis; possession of and supplying ecstasy. Met with 3 ½ year sentence on 2^nd May 2000.

 

Conclusions:

Count 5:	18 months' imprisonment (2 year starting point).
Count 7:	1 month's imprisonment.
Count 8:	12 months' imprisonment.

Total: 18 months' imprisonment. £1,757.61 confiscation order.

 

Sentence and Observations of Court:

Count 5:	17 month's imprisonment (to allow immediate release).
Count 7:	1 month's imprisonment, concurrent.
Count 8:	12 months' imprisonment, concurrent.

Confiscation order granted.

 

 

Mrs. S. Sharpe, Crown Advocate.

Advocate N.S.H. Benest for Henry Samuel Evans.

Advocate A. Clarke for Kevin John Le Maistre.

 

 

JUDGMENT

 

 

THE BAILIFF:

1.        These defendants are to be sentenced for offences of trafficking in cannabis resin and in relation to Le Maistre for possession of cannabis and ecstasy.  They were apprehended during the course of a police operation and were in effect caught in flagrante delicto. 

2.        Evans has been found to have supplied 4 nine-bars of cannabis to Le Maistre in the car park at Journeaux Court.  He was also convicted of being in possession with intent to supply of a further stash of cannabis weighing nearly 11 kilograms.  The Court has to assess the extent to which the accused were engaged in drug trafficking.  Clearly the amount of drugs found in the possession of each accused is a significant factor. 

3.        We deal first with Evans.  Evans was convicted after trial of possession with intent to supply and of supplying a total of nearly 12 kilograms of cannabis resin.  Applying the guidelines set out in Campbell and ors -v- AG (1995) JLR 136 he falls at the lower end of Band B.  We agree with the Crown Advocate that the appropriate starting point is 6 years' imprisonment. 

4.        In mitigation, Evans is 52 and a man of previous good character.  It is puzzling and rather sad that after a lifetime of industrious activity he should have fallen prey, as we assume, to temptation to make a greater profit from trafficking in drugs. 

5.        Evans, we think that the Crown Advocate has given as much credit as she possibly can for the mitigating circumstances of your age and good character and you are sentenced on count 2 to 21 months' imprisonment and on count 3 to 5 years' imprisonment concurrent, making a total of 5 years' imprisonment.

6.        We turn to Maistre. Le Maistre has a bad record and was caught red handed in possession of nearly a kilogram of cannabis resin.  A custodial sentence must obviously be imposed.  Le Maistre, we hope that the suggestion in the Probation Officer's report that you are beginning to think about whether cannabis is worth all the misery it brings you is correct.  You continue to have the support of your parents for which you ought to be extremely grateful.  You have a job, you are an intelligent man and it is time that you pulled yourself together and found a new set of friends.  We agree with your counsel that the time spent on remand is a sufficient punishment for your offences and we will sentence you as follows: on count 5 you are sentenced to 17 months' imprisonment, on count 7 to 1 month's imprisonment, concurrent, on count 8 to 12 months' imprisonment concurrent, making a total of 17 months' imprisonment and we order the forfeiture and destruction of the drugs.

 

Authorities

Campbell and ors -v- AG (1995) JLR 136.

AG -v- Turner (8^th December 1995) Jersey Unreported.

AG -v- Evans and ors (16^th June 1997) Jersey Unreported.

AG -v- Le Maistre (2^nd May 2000) Jersey Unreported; [2000/77]

Drug Trafficking Offences (Jersey) Law 1988: Articles 1-12.