Jersey Unreported Judgments

[2004]JRC004

ROYAL COURT

(Samedi Division)

 

6^th January, 2004.

 

 

The Attorney General

-v-

Darren Roy Bouhaire

 

Sentencing by the Superior Number of the Royal Court, to which the Defendant was remanded by the Inferior Number on 7^th November, 2003, following a guilty plea to the following counts:

 

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

 

 

Age:     35.

 

 

Details of Offence:

Following execution of a search warrant small amounts of cannabis (4.77g and 12.95g) and MDMA (ecstasy) 2 tablets were recovered from accused's flat.  On being returned home accused directed attention of officers to a small amount of cannabis concealed in waistband of his underpants (3.97g).  Cash - £1,150 and deal lists also found in flat.

On interview accused admitted taking possession of 12 kilos of cannabis resin 7 weeks earlier and distributing same over 2 week period (count 1).  He said amounts of cannabis recovered from his home were personal and admitted he had bought 1 oz of cannabis approximately one week earlier.  He admitted being a regular user of cannabis and further admitted purchasing 4 ecstasy tablets in a club about a month and a half earlier.  He had taken 2 leaving the 2 found (count 2).  He admitted using cocaine in the past but said he no longer used it and denied ever taking heroin.  He denied dealing in either ecstasy or cocaine.  Accused admitted he had previously distributed cannabis in amounts of approximately 1 kilo (including 1 kilo approximately 2 months before taking possession of the 12 kilos).

During further interview accused described how he had been contacted by his supplier and had met him to take possession of 12 kilos of cannabis at a remote location.  Supplier had been prepared to trust him with the drugs and he had not been required to make any down payment.  Payment to be made as drugs sold on.  He expected to make a profit of £400 per kilo if entire consignment sold and dealer had indicated he could return any he did not sell.  Largest consignment he had distributed to date.  He admitted previously supplying cannabis over a period of a year and half but was unable to estimate what profit he had made.  He said money derived from his drug dealing activities had been spent on clothing and food and admitted dealing historically in ecstasy.

Clearly key player in the distribution chain.  Refused to name his supplier or to identify persons whose first names were shown on the lists.

 

Details of Mitigation:

Guilty plea.  Remorse.  By his frank admissions during interview the accused had effectively written count 1 of the indictment.  Good work record and had maintained his children.  Difficult personal background.

 

Previous Convictions:

Bad record stretching back to 1986 including mainly motoring and violence related offending but also including conviction before Croyden Crown Court on 8^th October, 1999, relating to an offence of being knowingly concerned in the fraudulent evasion of the prohibition on the importation of Class A drugs (87.5g cocaine) for which accused sentenced to a term of imprisonment of 3 years.

 

Conclusions:

 

Count 1:	4 years' imprisonment (starting point: 7 years).
Count 2:	1 month's imprisonment, concurrent.

 

Sentence and Observations of Court:

 

Count 1:	3½ years' imprisonment .
Count 2:	1 month's imprisonment, concurrent.

 

Accused had sold cannabis to dealers.  He was a wholesale distributor.  Sentencing bands set out in Campbell not simply mathematical.  Necessary to consider nature and involvement.  7 year starting point correct.  In light of Wood, Doyle and Forrester clear that where accused has written his own indictment discount over and above usual one third for guilty plea should be allowed.  Not enough allowance by Crown in this case.

 

A. J. Belhomme, Esq., Crown Advocate.

Advocate C.M. Fogarty for the Defendant.

 

 

 

JUDGMENT

 

 

 

THE BAILIFF:

1.        Following arrest for possession of a small amount cannabis and ecstasy, you admitted to having sold some 12 kilos of cannabis which you had received about 7 weeks before your arrest.  You said that you expected to make a profit of some £4,800.  You sold the cannabis to other dealers and were thus acting as a wholesale distributor of the drug.

2.        The amount of 12 kilos falls within the 10 to 30 kilograms bracket referred to in the case of Campbell and Others -v- A.G. [1995] JLR136 which suggests a starting point of between 6 and 10 years.  There is not a mathematical progression within that bracket.  Given the nature and scale of your involvement as a wholesaler rather than a retailer and the amount involved, we agree with the Crown's conclusions that 7 years is the correct starting point.

3.        The principal mitigation is that you pleaded guilty and we accept that you should receive a discount of one-third for that.  The other mitigation is your background and your good work record and the fact that you have maintained your children.  On the other hand you have a number of previous convictions including one previous drug conviction for importation for which you were sent to prison.

4.        Miss Fogarty's main submission was that you wrote your own indictment in this case, and that count 1 could not have been brought without the information which you volunteered at interview to the effect that you had sold 12 kilos for the various sums which we have described.  She has referred us to the cases of Wood -v- A.G. (15^th February, 1994) Jersey Unreported [1994/32]; A.G. -v- Doyle (8^th March, 1995) Jersey Unreported [1995/46]; and Forrester -v- A.G. (19^th July 2001) Jersey Unreported [2001/149], and these all make it clear that where a defendant writes his own indictment an allowance should be given over and above that which is given simply for the guilty plea.  Having considered all the circumstances we agree that the Crown has not made sufficient allowance for that aspect of the matter.

5.        The sentence on count 1, therefore, is 3½ years' imprisonment; and on count 2 1 month's imprisonment, concurrent making a total of 3½ years and we order the forfeiture and destruction of the drugs.

Authorities

Campbell & Ors -v- A.G. [1995] JLR 136.

Wood -v- A.G. (15^th February, 1994) Jersey Unreported; [1994/32].

A.G. -v- Doyle (8^th March, 1995) Jersey Unreported; [1995/46].

Forrester -v- A. G, (19^th July, 2001) Jersey Unreported; [2001/149].