Jersey Unreported Judgments

 [2004]JRC050

ROYAL COURT

(Samedi Division)

 

16^th March, 2004

 

 

The Attorney General

-v-

Robert Cumming

 

Sentencing by the Superior Number of the Royal Court, to which the Defendant was remanded by the Inferior Number on 30^th January, 2004, following a guilty plea to:

 

3 counts of:	possession of a controlled drug, with intent to supply, contrary to Article 6(2) of the Misuse of Drugs (Jersey) Law 1978:
	Count 1: MDMA.
	Count 3: cannabis resin.
	Count 5: cannabis resin.
1 count of:	possession of a controlled drug, contrary to Article 6(1) of the Misuse of Drugs (Jersey) Law, 1978:
	Count 7: MDMA.

 

[On 30^th January, 2004, the Crown accepted Not Guilty pleas to Counts 2, 4 and 6 of the indictment].

 

Age:     42.

 

Details of Offence:

Counts 1 and 3 related to possession with intent to supply the same drugs as in counts 2, 4 and 6 which charged simple possession.  Upon entering guilty pleas to drug trafficking counts, counts 2, 4 and 6 fell away.  Having obtained a search warrant for the Defendant's home address, police officers found the Defendant in the White Horse Inn at Havre des Pas.  He was in possession of two plastic bank bags containing 60 ecstasy tablets together with two pieces of individually cling-wrapped cannabis in one ounce and a half ounce deals.  The Defendant was arrested, cautioned and escorted on foot to his home, a short distance from the pub, which was then searched. 

Counts 5 and 7 - a search of the Defendant's home revealed six further pieces of brown resin individually cling-wrapped in slightly underweight 1 oz. deals; a set of scales containing traces of cannabis; a roll of clingfilm; a second piece of cannabis; a tin pot containing cannabis debris; and a single ecstasy tablet.  Officers also found a bundle of notes comprising £500.00 in a mug in the kitchen.  At interview the Defendant claimed that all the drugs were for his personal use.  Street value of 159.15 grams cannabis (count 5) £898.00, wholesale value between £645.00 and £785.00.  Street value of cannabis seized in pub (count 3) £229.00.  Street value of the 60 ecstasy tablets approximately £600.00, wholesale between £360.00 - £480.00.

 

Details of Mitigation:

Guilty plea: continuous employment as upholsterer during adult life: i.e. never been a burden on the community.  Described himself as a master upholsterer and continuing his work in the prison while on remand.  Served equivalent sentence of 9 months 21 days on remand.  No previous convictions for drug trafficking, most of his convictions when much younger.   No element of corruption - that is not selling drugs randomly, claimed only selling to friends at cost.  Argued that Lavin and the case which it cites, Valler -v- Attorney General (2002) Jersey Unreported page 133, was only applicable when large quantities of drugs were involved, so should not push up starting point.  Co-operative with police in that he pointed out where to find the drugs at home.  Degree of remorse.

 

Previous Convictions:

13 previous convictions comprising 25 offences involving violence, criminal damage, fraud, theft, public disorder and offences relating to the police.

 

Conclusions:

 

Count 1:	4½ years' imprisonment (8 years' starting point)
Count 3:	2 months' imprisonment
Count 5:	4 months' imprisonment
Count 7:	1 month imprisonment, all concurrent £1,900.00 Confiscation Order: not opposed.

 

Sentence and Observations of Court:

 

Count 1:	4½ years' imprisonment (7½ years' starting point)
Count 3:	1 year imprisonment
Count 5:	1 year imprisonment
Count 7:	1 month imprisonment, all concurrent.

 

Court reduced starting point to 7½ years because although Defendant trafficking in two different types of drug, the amount of cannabis was relatively small.  Crown's conclusions on counts 3 and 5 far too low.  Nevertheless conclusions for count 1 correct, even though Court reduced starting point.

 

Mrs S Sharpe, Crown Advocate.

Advocate S.M. Baker for the Defendant.

 

 

 

JUDGMENT

 

 

THE DEPUTY BAILIFF:

1.        Mr Cumming, you were found in possession with intent to supply of 60 ecstasy tablets with a retail value of about £600.00 and approximately 200 grams of cannabis with a street value of about £1100.00.  You have pleaded guilty on the basis that you intended to supply to friends at cost value.   The Crown has suggested a starting point of 8 years on the basis of 7 years for the ecstasy increased to 8 years to reflect the involvement of the cannabis resin.  We think that is too much.  We think that taking into account the overall amount of drugs and the nature of your activity the correct starting point is 7½ years. 

2.        In mitigation we take into account your guilty plea which we accept was of value, the fact that you have no previous drug convictions although you have committed some other offences.  You have a good work record, as your advocate has said, and we take account of the other matters to which he has referred us and which appear from the papers before us.

3.        All in all, nevertheless, we think that the conclusions moved for by the Crown are correct notwithstanding our adjustment to the starting point and therefore the sentence is as follows: on count 1: 4½ years, count 3: 1 year - we think the Crown was way too low at 12 months' imprisonment, count 5 - 12 months' imprisonment, count 7 - 1 month.  All of those concurrent, making a total of 4½ years and we order the forfeiture and destruction of the drugs.

Authorities

Bonnar and Noon -v- AG [2001]JLR626.

AG -v- Lavin [2003]JRC197.

AG -v- Doublet [2003]JRC205.