Jersey Unreported Judgments

[2004]JRC024

ROYAL COURT

(Samedi Division)

 

6^th February 2004

 

 

The Attorney General

-v-

Paul Emmanuel Bisson

 

1 count of:	Possession of a controlled drug contrary to Article 6(1) of the Misuse of Drugs (Jersey) Law, 1978. Count 1:  diamorphine.
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 2:  diamorphine.

 

Breach of: (1) a 1 year probation order made in Magistrate's Court on 22^nd April, 2003, following conviction on 2 counts of larceny and 1 count of possession of a controlled drug; and of (2) a concurrent 1 year probation order made in Magistrate's Court on 15^th July, 2003, following conviction on 1 count of possession of a controlled drug.

 

Age:     25.

 

Plea:    Guilty.

 

Details of Offence:

Police observed Bisson enter a private residence in St Helier and he was stopped and searched when he returned to his car.  He was found to be in possession of 3.31 grams of heroin and £255.00 cash.  The heroin had a street value of between £993.00 and £1,489.00 and a wholesale value of between £465.00 and £662.00.

 

Bisson, an addict, admitted that he had just bought the heroin (an "eighth") for £550.00.  He stated that whilst he intended to sell between 5 - 6 "50 bags" (480 - 660 milligrams) to raise £300.00 towards the purchase price he had paid, he would have used the remaining 2.65 - 2.86 grams himself.  The Crown accepted Bisson's version.

 

The heroin had a street value in Jersey of between £2.109.00 and £3.163.00 and a wholesale value of between £1,054.00 and £1,406.00.  In Devon, from where it had been sent, 7 grams would cost approximately £350.00 to £385.00.  The cannabis resin has an estimated street value of £36.00 and a wholesale value of £25.00.

 

In committing the offence Bisson was also in breach of a previous Magistrate's Court Probation / Community Service Order, which was admitted.

 

Details of Mitigation:

Guilty plea, wrote own indictment in relation to supply charge, residual youth, co-operation, remorse.  Significantly, he also named his supplier in open Court.

 

Previous Convictions:

Fifteen previous convictions, five of which relating to drugs.

 

Conclusions:

 

Count 1:	18 months' imprisonment (3 years' starting point).
Count 2:	2½ years' imprisonment, concurrent (6 years' starting point).

 

Breach of probation orders: 1 month's imprisonment, concurrent on each of the four offences, but consecutive to sentences passed on indictment.

 

Sentence and Observations of Court:

 

Count 1:	9 months' imprisonment.
Count 2:	12 months' imprisonment, concurrent.

 

Breach of Probation orders: 1 month's imprisonment, concurrent, on each offence and concurrent with sentence passed on present indictment.

 

Total: 12 months' imprisonment.

 

Probation Orders discharged.

 

Bisson had named his supplier in open Court, and taking into account the mitigation advanced on Bisson's behalf, the Court was prepared to make a substantial reduction in this regard.

 

 

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

Advocate R. McRae for the Defendant.

 

 

 

JUDGMENT

 

 

THE BAILIFF:

1.        This defendant is to be sentenced for the possession of heroin and for possession of the same drug with intent to supply.  The offence of possession with the intent to supply results only from Bisson's own admission to the police; no other evidence being available to the prosecution.  Nevertheless, he did intend to recoup part of his investment in the heroin by selling it to other users.  It was put to us that he would not have corrupted anyone not already involved in drug abuse, but in any event he was prepared to play a part in the circulation of this noxious and terrible drug.

2.        We have given anxious consideration to the strong mitigating circumstances relating to his background which have been laid before us by counsel.  The Court has found this a difficult and indeed in many ways a sad case.  The difficulties with which the defendant has been faced ever since the age of 10 have been extreme.  Counsel has rightly emphasised them to us and we have taken them into consideration.

3.        However, Bisson is now aged 25.  He has been placed on probation at least 8 times over the past 7 years and he has breached those orders on a number of occasions.  We have regretfully concluded that a custodial sentence must be imposed.

4.        We take a starting point for the offence of possession with intent to supply of 5 years' imprisonment.  In mitigation Bisson pleaded guilty to the indictment.  Most importantly, he has co-operated with the police and has given information about the local drug scene and has authorised his counsel to name in open court the man who supplied him with the drugs.

5.        As the Court has said on many previous occasions, this is a most significant mitigating factor which helps the authorities to undermine those who are engaged in trafficking in this Island and making substantial profits from this appalling trade.

6.        We have made an allowance of 2 years in that respect, and we have made a further allowance of 2 years for the guilty plea and for the other mitigating circumstances.  The result is Bisson, that the Court sentences you on count 1 of the indictment to 9 months' imprisonment; on count 2, to 12 months' imprisonment, concurrent.  With regard to the offences for which you were placed on probation the Court sentences you as moved by the Crown Advocate to 1 month on each charge concurrent with each other and concurrent with the offences on the present indictment.  The total sentence is therefore one of 12 months' imprisonment.  The Court orders the forfeiture and destruction of the drugs and discharges the existing probation orders.

Authorities

Rimmer Lusk & Bade -v- AG [2001] JLR373.

A.G. -v- Buesnel [1996] JLR265.

Whelan: Aspects of Sentencing in the Superior Courts of Jersey (2^nd Ed'n): pp. 85 -90.