Jersey Unreported Judgments

[2004]JRC172

ROYAL COURT

(Samedi Division)

 

24^th September 2004

 

 

The Attorney General

-v-

Stephen McKay

 

 

 

1 count of:	Possession of a controlled drug with intention to supply, contrary to Article 6(2) of the Misuse of Drugs (Jersey) Law 1978. Count 1: MDMA.
6 counts of:	Possession of a controlled drug, contrary to Article 6(1) of the Misuse of Drugs (Jersey) Law, 1978. Count 2: MDMA. Count 3: Cannabis. Count 4: Amphetamine sulphate. Count 5: MDMA. Count 6: Cannabis. Count 7: Amphetamine sulphate.

 

 

Age:     29.

 

Plea:    Guilty.

 

Details of Offence:

Whilst going to a dance event, Steven McKay was caught by the police officers at the entrance.  He was asked to empty his pockets and two wraps of folded paper containing 1.14 grams and 580 milligrams of white power, each amount containing 5 per cent by weight of amphetamine sulphate (Count 4); two small lumps of cannabis resin with a total weight of 734 milligrams (Count 3); and eleven ecstasy tablets containing 66 milligrams of MDMA per tablet, five of them being his (Count 2).  He admitted that he was carrying 6 of the ecstasy tablets for his friend Alistair Forrest (Count 1).

He was arrested and taken to Police Headquarters.  He then consented to a search of the bed-sit he shared with Forrest.  In a rucksack located in the wardrobe were found 22 ecstasy tablets (Count 5); 16.05 grams of a pale pink powder containing 5 per cent by weight of amphetamine sulphate (Count 6); and 5 lumps of cannabis resin weighting a total of 26.46 grams (Count 7).  He was taken for an interview.  He admitted having purchased the drugs with Forrest and was charged for half the amount found on their premises on the basis of count 5, 6 and 7.

 

Details of Mitigation:

Confession, guilty pleas, encouraging reports and letters, hard working, paying maintenance for young 13 year old daughter, not a bad record, no drug offences, complied fully to all conditions on bail, efforts to change his drug lifestyle, attendance to Drug and Alcohol Service on a voluntary basis, moderated alcohol consumption.

 

Previous Convictions:

Three previous convictions comprising seven offences, none of them being drug related.

 

Conclusions:

 

Count 1:	12 months' imprisonment.
Count 2:	6 months' imprisonment.
Count 3:	1 week's imprisonment.
Count 4:	1 week's imprisonment.
Count 5:	9 month's imprisonment.
Count 6:	1 month's imprisonment.
Count 7:	1 month's imprisonment, all concurrent.

 

 

Sentence and Observations of Court:

 

 

Count 1:	12 months' Probation Order.
Count 2:	£1,500 fine or 2 months' imprisonment in default of payment.
Count 3:	£100 fine or 1 months' imprisonment, in default of payment.
Count 4:	£100 fine or 1 months' imprisonment, in default of payment.
Count 5:	£2,500 fine or 3 months' imprisonment, in default of payment.
Count 6:	£400 fine or 1 month's imprisonment, in default of payment.
Count 7:	£400 fine or 1 month's imprisonment, in default of payment.

 

Total fine of £5,000 to be paid at £250 per week; default terms to run consecutively, total 9 months' imprisonment.

The Court understands the prison sentence even though the defendant admitted his possession with intent to supply and the small amount of drugs.  But when balancing with mitigation, notably his co-operation with the police, his attendance to the Drug and Alcohol Service on a voluntary basis, his record not containing any drugs conviction and his excellent references, it does not seem in this case that a custodial sentence would be appropriate sine the defendant seems to have seen the light.  However, to avoid spending his money on drugs and alcohol, a fine seems appropriate.

 

 

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

Advocate M.J. Haines for the Defendant.

 

 

 

JUDGMENT

 

 

 

THE BAILIFF:

1.        This defendant has admitted being in possession of ecstasy tablets at a dance event with intent to supply.  He was found to have eleven tablets which were to be shared with a friend who has since absconded.  McKay was also found to be in possession of a small amount of cannabis and two wraps of amphetamine sulphate.

2.        When McKay's room was searched a further 22 ecstasy tablets, 16 grams of amphetamine sulphate and 26 grams of cannabis were found.  These drugs were again jointly owned with the friend who has absconded. 

3.        The Crown accepts that the defendant had no intention to supply commercially.  McKay has three previous convictions but none is drug related.  The Crown Advocate has drawn our attention to a number of guideline cases.  The first is A.G. -v- Taylor [2000]JLR N. 59; (14^th April, 2000) Jersey Unreported; [2000/69], where the Court held that even where there is a supply of a small number of tablets to friends for no reward a prison sentence may be appropriate.  The Court in that case endorsed the decision of the English Court of Appeal in Byrne [1996] 2 Cr. App. R (S)34, where an 18 year old youth was found in possession of 18 tablets of ecstasy in a night club which were to be shared amongst friends.

4.        The second case was A.G. -v- de la Haye and Kearney (15^th December, 1995) Jersey Unreported; [1995/248], where the Court considered that a starting point of 8 - 12 months' imprisonment was appropriate for simple possession of a small quantity of heroin.

5.        The third case was A.G. -v- Buesnel [1996]JLR265, where the Court stated that whether punishment for mere possession of a class A drug involves a custodial sentence or the imposition of a fine or community service order will depend upon the circumstances of the offence and of the offender.

6.        We understand very well why the Crown Advocate has moved for a prison sentence, but we think that in this case the balance tips in favour of a non-custodial option.  We reach that conclusion for a number of reasons.  First, the defendant has pleaded guilty and co-operated with the police.  Secondly, he has attended the Drug and Alcohol Service and resolved to do something about his excessive consumption of alcohol and his resorting to drugs.  Thirdly, his record does not include a drugs conviction.  Fourthly, we have read some excellent references and he has a good employment record.

7.        McKay, we have to punish you, but we hope that you have indeed 'seen the light' as you have told the various agencies and as submitted by your counsel, and that you are not going to waste your life on drugs or on excessive consumption of alcohol. 

8.        We are going to place you on probation with a condition that you attend the Alcohol and Drugs Advisory Service, but we are also going to take away some of your surplus cash to encourage you not to spend it on drugs. 

9.        The sentence of the Court is therefore as follows: On Count 1, you will be placed on probation for 12 months, with a condition of attendance at the Drug and Alcohol Service as required by the Service and that you comply with any other conditions which may be laid down by either the Probation Officer or the Director of the Alcohol and Drugs Service.  On Count 2, you will be fined £1,500 or in default 2 months' imprisonment.  On Count 3, £100 or 1 month's imprisonment.  On Count 4, £100 or 1 month's imprisonment.  On Count 5, £2,500 or 3 months' imprisonment.  On Count 6, £400 or 1 month's imprisonment.  On Count 7, £400 or 1 month's imprisonment.  Making a total of £5,000 all those default sentences will run consecutively and if the fines are not paid you will go to prison for 9 months.  We have it in mind that you will pay those fines at the rate of £250 per week, beginning next Friday.  We order the forfeiture and destruction of the drugs.

Authorities

A.G. -v- Taylor [2000]JLR N.59; (14^th April, 2000) Jersey Unreported; [2000/69].

Byrne [1996] 2 Cr. App. R(S) 34.

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

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

A.G. -v- Rowe (18^th June 1999) Jersey Unreported; [1999/113].

A.G. -v- Neil [2004]JRC088.