Jersey Unreported Judgments

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URL: http://www.bailii.org/je/cases/UR/2005/2005_027.html
Cite as: [2005] JRC 027, [2005] JRC 27

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[2005]JRC027

ROYAL COURT

(Samedi Division)

4^th March 2005

Before:

F.C. Hamon, Esq., O.B.E., Commissioner

and Jurats Le Breton, and Morgan.

The Attorney General

-v-

Nicholas Anthony Le Coeur

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 1: Cannabis resin.

Age: 22

Plea: Guilty.

Details of Offence:

The Defendant, who is a French national, was visiting Jersey with his girlfriend and was staying at a flat in St. Helier. During the course of vacating the flat, the proprietor carried out a routine inspection and found a number of brown resinous slabs in a carrier bag, concealed by some coat hangers. He became suspicious and took one of the bars to Police HQ which tested positive for the presence of cannaboids. Police attended the premises and found the Defendant leaving the flat carrying the suspicious carrier bag. He was arrested and cautioned, asked if there were any further drugs and he told the Police there was another 800 grams in a carrier bag in his car. The Defendant co-operated with interview, albeit he did not give a truthful account of the provenance of the drugs for fear of reprisals. Subsequent to interview, he put forward another far more plausible explanation to his Defence Counsel, the Probation Officer and the Alcohol and Drugs Counsellor. It appears that he had minded the cannabis for less than 24 hours and had been told to sell it to a third party, in exchange for which a £700 debt would be cancelled. On day of sentencing, the Defendant had served the equivalent of six months and thirteen days on remand.

Details of Mitigation:

Guilty plea at early stage; co-operative with Police in that he admitted the cannabis was his and it was not necessary to incur forensic costs or to establish his intention. Youth - aged 22; lack of previous convictions; first experience of prison salutary; conduct whilst in prison exemplary; a drugs test showed he was drug free; SER said he was at low risk of re-offending; very supportive family - in Court for sentencing - excellent references.

Previous Convictions:

None recorded.

Conclusions:

Count 1:

10 months' imprisonment. (18 month starting point.)

Forfeiture and destruction of the drugs.

Sentence and Observations of Court:

Count 1:

6 months' imprisonment - immediate release. (15 month starting point.)

Forfeiture and destruction of the drugs.

Mrs S. Sharpe, Crown Advocate.

Advocate R. Juste for the Defendant.

JUDGMENT

THE commissioner:

1. You may know that we have very little sympathy with drug dealing of any kind in this Island. The Crown has asked for ten months' imprisonment. Because of the particular circumstances of this case, we are going to set a starting point of fifteen months'.

2. There is much to be said in your favour: your age, your background, the reports that we have received and the letters have all helped you. But most of all is the support of your parents, whom you know you have let down very badly; you realise that. You had an experience which we hope you will not forget and I just say this to you: Choose your friends in future with care and keep off drugs at all costs. We are going to impose a sentence of six months' imprisonment and you will be released immediately.

Authorities

Campbell, Molloy and Mackenzie v. AG [1995] JLR 136.