Jersey Unreported Judgments

[2003]JRC153

ROYAL COURT

(Samedi Division)

 

5^th September, 2003.

 

 

The Attorney General

-v-

Jonathan Michael Hasson

 

 

1 count of:	Driving whilst disqualified, contrary to Article 9 (4) of the Road Traffic (Jersey) Law 1956 (Count 1).
1 count of:	Using motor vehicle uninsured, contrary to Article 2 (1) of the Motor Traffic (Third Party Insurance) (Jersey) Law, 1948 (Third Party Insurance) (Jersey) Law 1948 (Count 2).
2 counts of:	Possession of a controlled drug contrary to Article 6(1) of the Misuse of Drugs (Jersey) Law, 1978: Count 3: diamorphine. Count 4: cannabis resin.

Breach of a 6 month's Binding Over Order and of a 50 hour Community Service Order made on 14^th August, 2002, in the Magistrate's Court, following conviction on:

 

3 counts of:	Possession of a controlled drug, contrary to Article 6(1) of the Misuse of Drugs (Jersey) Law, 1978. (Counts 1 - 3).
1 count of:	Driving with no licence, contrary to Article 3 (1) of the Road Traffic (Jersey) Law 1956 (count 4).
1 count of:	Driving uninsured, contrary to Article 2 (1) of the Motor Traffic (Third Party Insurance) (Jersey) Law, 1948 (Count 5).

[The Binding Over Order and the Community Service Order were previously breached and were re-imposed on 27^th September, 2002].

 

Age:     27

 

Plea:    Guilty.

            Breach of Binding Over Order and Community Service Order admitted.

 

Details of Offence:

 Hasson was stopped by a Police motorcyclist on 4 October, 2002 whilst driving his girlfriend's motor vehicle.  On checking with the Police Force control room, the officer learned that Hasson had been disqualified approximately two months earlier by the Magistrate's Court in respect of an offence of driving whilst uninsured.  In consequence of driving whilst disqualified, Hasson was also driving uninsured.  He readily admitted both offences when later questioned by the Police (counts 1 and 2).  On 18 June 2003, Police Officers executed a drugs warrant at Hasson's home address.  Hasson was out but arrived at the premises during the course of the search.  He dropped a lump of brown resin which was seized.  He was also observed to have a ball of cling-film in his mouth which was recovered and found to contain brown powder.  The brown powder was heroin weighing 4.19g with a 63% purity.  The brown resin material was 8.94g of cannabis resin.  The heroin had a street value of between £1,257.00 and £1,885.00 (wholesale value between £628.00 and £838.00).  Whilst it could be considered a commercial amount of the drug, Hasson admitted to a substantial drug habit in interview and it was accepted by the Crown that he had the heroin for personal use.  The cannabis resin had a street value of £50.00 being obviously a personal amount (counts 3 and 4).

Breach of Offences

Hasson had appeared before the Magistrate's Court on 14 August, 2002 in relation to five offences as follows:-

(I)             possession of heroin on 27 March, 2002 at his home address;

(II)            possession of ecstasy on the same occasion and at the same address;

(III)           possession of cannabis resin on the same occasion and at the same address;

(IV)          driving whilst not being the holder of a licence on 5 May, 2002; and

(V)           driving on the same occasion without being insured for Third Party risks.

 

In respect of the drugs offences, the amounts concerned were for personal use only.

In respect of the drugs offences, Hasson had been bound over to be of good behaviour for a period of six months on condition that he attend as required by the Alcohol & Drugs Services, that he comply with the stipulated treatment and that he abstain from taking illegal drugs.  No separate penalty was imposed in relation to the offence of driving without insurance, Hasson was ordered to perform fifty hours of community service and was (as stated above) disqualified from driving a motor vehicle for a period of six months.

Steps were taken in the Magistrate's Court to attempt to deal with Hasson for his non-compliance with the Orders of 14 August, 2002.  However, he failed to appear.  When presented before the Magistrate's Court following his arrest for the drugs offences on 18 June 2003, the Relief Magistrate declined jurisdiction and Hasson was remanded to the Royal Court for sentencing in respect of the current offences and the breach offences.

 

Details of Mitigation:

Pleas of guilty.  Had made serious efforts to break his drugs habit.  References were produced.  He had a good work record.  Girlfriend standing by him.  Remorseful.

 

Conclusions:

 

Count 1:	3 months' imprisonment.
Count 2:	3 months' imprisonment, concurrent; 12 months' disqualified from driving.
Count 3:	12 months' imprisonment, consecutive to sentence moved for on counts 1 and 2.
Count 4:	2 weeks' imprisonment concurrent with sentence moved for on count 3.
Total:	15 months' imprisonment.

 

Breach of Binding Over Order and Community Service Order.

 

Count 1:	2 weeks' imprisonment.
Count 2:	2 weeks' imprisonment, concurrent.
Count 3:	1 month's imprisonment concurrent, but consecutive to sentence moved for on indictment charges.
Count 4:	£100 fine.
Count 5:	1 month's imprisonment, consecutive, and consecutive to sentence moved for on indictment charges.
Total:	2 months' imprisonment, consecutive to sentence moved for on indictment charges.
GRAND TOTAL:	17 months imprisonment, 12 months disqualification from driving.

The Social Enquiry Report had made a recommendation for probation.  The Crown indicated that if the Court was minded to adopt that recommendation, the Crown would move for an additional sanction by way of community service.

 

Sentence and Observations of Court:

 

Count 1:	50 hours' Community Service Order.
Count 2:	50 hours' Community Service Order, concurrent.
Count 3:	180 hours' Community Service Order, consecutive to sentence passed on counts 1 and 2.
Count 4:	5 hours' Community Service Order, concurrent with sentence passed on count 3.
TOTAL:	230 hours Community Service Order.

 

Breach of Binding Over Order and Community Service Order

 

Count 1:	12 months' Probation Order.
Count 2:	12 months' Probation Order.
Count 3:	12 months' Probation Order.
Count 4:	£100 fine or 1 week's imprisonment, in default of payment; 2 months to pay.
Count 5:	12 months' Probation Order.

The Court stated that it had not found the decision an easy one to take.  Undoubtedly, Hasson had failed to take advantage of earlier chances given to him by the Courts.  Nevertheless, the Court was impressed with his efforts in prison to conquer his addiction and with his good employment record. "Not without some hesitation", the Court had decided not to imprison Hasson although he had "Come within an ace of imprisonment".

A.D. Robinson, Esq., Crown Advocate.

Advocate D. Hopwood for the Defendant.

 

 

 

JUDGMENT

 

 

 

THE DEPUTY BAILIFF:

1.        As can be seen from the time the Court has been considering this matter we have not found it easy.  You have been given many chances by the Court and you have not hitherto taken advantage of them.  It seemed on reading the papers that prison must be the only result. 

2.        Your advocate has put forward a very powerful case on your behalf.  He has told us of your background which is significant in this case.  It is clear that you have a serious drug problem but that you have made determined efforts to change.  In particular we are impressed with the efforts you have made in prison.  We refer to the support of your girlfriend which is critical, and of your employer and of the various reports, all of which suggest that you really are determined to conquer this problem, and that you have realised that if you do not do it soon, indeed now, then you will be returning to prison repeatedly.  Your good employment record also stands you in good stead.

3.        Not without some hesitation, we have decided not to send you to prison.  We are, therefore, going to impose a Probation Order of 12 months concurrent on each charge save the charge of driving without a licence.  We are not going to impose a condition that you undertake a SMART course but we note that it is the intention of the Probation Service that you should. 

4.        We are also going to impose as a condition to the Probation Order a Treatment Order, as recommended by the Alcohol and Drug Service, which is that you must attend the Alcohol and Drug Service for a period of 6 months; you must remain abstinent from illicit drugs, verified by routine random urine analysis; and you must comply with the treatment goals as determined by the Drug and Alcohol Service.

5.        Those two measures, therefore, are intended to help you address your drug problem and your other problems, but the Court must also mark this matter by way of a punishment because you have come within an ace of a prison sentence. 

6.        We are therefore going to impose a Community Service Order which means that you will have to carry out work at weekends in your time in order to help the community.  We intend to impose a total of 230 hours which is the equivalent of 17 months.  We state that we consider the Crown's conclusions on imprisonment absolutely correct both as to their total and as to the way in which they were made up by concurrent and consecutive sentences.

7.        For the purposes of community service the sentence will be as follows: count 1, 50 hours; count 2, 50 hours; both of those to be concurrent; count 3, 180 hours; count 4, 5 hours, both of those to be concurrent, but consecutive to counts 1 and 2; making a total, therefore, of 230 hours.  For convenience we will not impose community service on the other charges for the breaches.  That leaves only count 4 of the breach offences, driving without a licence, where we fine you £100, we give you 2 months to pay so that you have time to get established, but then you will have to pay it and we impose a prison sentence of one week in default.

8.        The Court has given you a considerable chance here; it is up to you with the support of your girlfriend, the Probation Service and the Drug and Alcohol Service to take advantage of it.  If you commit any further offences, if you do not comply with the Probation Order, or the Drug and Alcohol, if you do not turn up when you must to do the Community Service, if you breach these Orders in any way you will be brought back here and I have to tell you that it seems inevitable in those circumstances that you would go to prison and the Court has indicated the length of prison sentence it would be likely to impose.  We discharge all existing orders and order the forfeiture and destruction of the drugs.

Authorities

A.G. -v- Young (1980) JJ 281.

A.G. -v- Buesnel [1996] JLR 265.

Gregory -v- A.G. [1997] JLR 1.

A.G. -v- Roche (4^th July, 1997) Jersey Unreported [1997/125].

Whelan: Aspects of Sentencing in the Superior Court of Jersey (2^nd Ed'n); paragraphs 164-179:  Class a drug for personal consumption.