Jersey Unreported Judgments

 [2004]JRC067

ROYAL COURT

(Samedi Division)

 

16^th April 2004

 

 

The Attorney General

-v-

William Swanston

First Indictment

1 count of: possession of a controlled drug, contrary to Article 6(1) of the Misuse of Drugs (Jersey) Law 1978:

count 1:

diamorphine.

[On 26^th March 2004, the Crown accepted a Not Guilty plea to count 2 of the first indictment]

 

Second Indictment

1 count of: possession of a controlled drug, contrary to Article 6(1) of the Misuse of Drugs (Jersey) Law 1978:

Count 1:

Diamorphine.

 

Age:     43

 

Plea:    Guilty

 

Details of Offence:

While executing a drugs warrant at the Defendant's home address on 18^th November 2003, police officers carried out a search and found 10 individual wraps of heroin in a toilet.  The Defendant, his wife and two other people found on the premises denied the knowledge of the drugs, despite all being heroin users.

The total weight of heroin was 530 milligrams comprising 27% by weight diamorphine.  The street value was £500 and the wholesale value between £200 and £300.  He was charged with possession and possession with intent to supply, pleaded not guilty and was bailed pending a Royal Court trial.

On 13^th February 2004, the Defendant was stopped by police officers in the street and as he tried to run away, discarded on the ground three wraps of heroin.  He was re-arrested.  The total weight of heroin was 315 milligrams comprising 22% by weight of diamorphine.  The street value was £150 and the wholesale value between £90 and £100.  He admitted that it was his and was charged with an additional count of possession (Count 1 Second Indictment).

 

Details of Mitigation:

Guilty pleas albeit late in relation to first indictment, drugs for personal use, group sessions undertaken, had detoxified in prison, wife ill and will need emotional and physical support.

 

Previous Convictions:

Bad record including four previous convictions for possession of cannabis and a further for driving while under the influence of drugs.

 

Conclusions:

9 month starting point.

First Indictment

count 1:

5 months' imprisonment.

 

Second Indictment

count 1:

4 months' imprisonment, consecutive.

 

Total: 9 months' imprisonment

 

Sentence and Observations of Court:

12 month Probation Order with conditions.

Despite poor record, he has managed to detoxify from his heroin addiction and the Court is willing to follow recommendations set out in reports.

12 months Probation Order with condition that he attend Drug and Alcohol service for one year, remain abstinent from drugs and comply with treatment goals.  Breach would result in a sentence of imprisonment.

Order of forfeiture and destruction of the drugs.

 

 

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

Advocate D. Gilbert for the Defendant.

 

 

 

JUDGMENT

 

THE Commissioner:

1.        The Crown in this case has moved for a sentence of imprisonment of 9 months.  The Court takes the view that in this case, despite the poor record of the accused, where the heroin was for personal consumption, where the accused has managed to free himself of his addiction during nearly 4 months in prison, and given the strong recommendations made in the reports presented to the Court, that an Order for probation for 12 months is a proper sentence for the Court to pronounce.

2.        The accused must realise that a breach of the Probation Order is more than likely to result in a sentence of imprisonment.  The Probation Order is to be made on the usual conditions as modified by the recommendations of Mr Gafoor in his Report to the Court dated 13^th April 2004 and the prisoner will now attend the Probation Officer to sign the necessary papers.

 

Authorities

Whelan: Aspects of Sentencing in the Superior Courts of Jersey (2^nd Edition): pp. 101-5.

AG -v- de la Haye and Kearney (15^th December 1995) Jersey Unreported; [1995/248].

AG -v- Buesnel [1996] JLR 265.