Jersey Unreported Judgments

[2005]JRC033

ROYAL COURT

(Samedi Division)

 

24^th March 2005

 

 

The Attorney General

-v-

Michael Joseph Fannon

Sentencing by the Superior Number of the Royal Court, to which the Defendant was remanded by the Inferior Number on 14^th January, 2005, following a guilty plea to:

 

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: Cannabis resin.
1 count of:	Possession of a controlled drug contrary to Article 6 (1) of the Misuse of Drugs (Jersey) Law, 1978. Count 2:  Cannabis resin.
1 count of:	Production of a controlled drug contrary to Article 5 (a) of the Misuse of Drugs (Jersey) Law, 1978. Count 3:  Cannabis resin.

 

 

Age:     46.

 

Details of Offence:

Count 1 - officers searched a cupboard used to store painting and decorating materials used by Fannon, and found 141 '9 bars' of cannabis.

Large commercial amount of cannabis with a street value of approximately £203,000.

Counts 2 and 3 - officers searched his flat and found 16.23 grams of cannabis and a 34 cm tall cannabis plant.

 

Details of Mitigation:

Counts 1 -3.  Frank admissions, incriminating self and exonerating others.  Guilty plea.  Co-operation.

 

Previous Convictions:

Several minor criminal convictions, one for perverting the course of justice.  No previous convictions for drugs.

 

Conclusions:

 

 

Count 1:	6 years' imprisonment.  (10 years' starting point).
Count 2:	1 month's imprisonment.  (Concurrent).
Count 3:	3 months' imprisonment.  (Concurrent).

 

TOTAL:             6 years' imprisonment.

 

Sentence and Observations of Court:

 

 

Count 1:	5½ years' imprisonment. (10 years' starting point).
Count 2:	1 month's imprisonment.  (Concurrent).
Count 3:	3 months' imprisonment. (Concurrent).

 

TOTAL:             5½ years' imprisonment.

 

 

T.J. Le Cocq, Esq., Crown Advocate.

Advocate A. Clarke, for the Defendant.

 

 

 

JUDGMENT

 

 

 

THE DEPUTY BAILIFF:

1.        This defendant took possession of some 35 kilos resin and hid it in a cupboard to which he had access.  He was to look after it for a few days for a dealer in return for the sum of £5,000.  He had debts at the time and there had been a down turn in his trade, so he did it for financial reasons.

2.        In mitigation he has pleaded guilty and he did so at the earliest opportunity.  That stands him in good stead.  He has a previous record, but no previous drug offences and in particular he has committed no offences at all since 1992.  He has a good work record and we have seen a reference.  He is remorseful and we accept that, both from his letter and from the contents of the Social Enquiry Report to which we paid careful attention.

3.        In our judgment the Crown has allowed sufficient mitigation save in one respect.  The Crown said that in its opinion the guilty plea did not merit a full reduction.  We have to say we do not see why it does not merit a full reduction.  These drugs were found in a place other than his home.  Admittedly it was a cupboard to which he and his brother had access to the padlock, but it would clearly have been open to him to run an argument that he did not know the drugs were there.  We are not, of course, suggesting that such an argument would have succeeded but, nevertheless, it seems to us that this is just the sort of case which is intended to be covered by the conventional discount for a guilty plea, and we see no reason why he should not receive one-third.  In the circumstances, therefore, we vary the conclusions slightly.

4.        On Count 1, you will be sentenced to 5½ years' imprisonment.  On Count 2, one month.  On Count 3, 3 months' imprisonment, all those concurrent and we order the forfeiture and destruction of the drugs.

Authorities

A.G. -v- McMahon (27^th April, 2000) Jersey Unreported; [2000/74].

A.G -v- Clarke (24^th July, 2001) Jersey Unreported; [2001/155].

Prentice -v- A.G. [2004]JCA008.

Whelan: Aspects of Sentencing in the Superior Courts of Jersey (2^nd Ed'n): pp. 15 -17.

A.G. -v- Baglin [2003]JRC085.

A.G. -v- Harris (4^th December 1995) Jersey Unreported; [1995/238].