Jersey Unreported Judgments

[2005]JRC153

ROYAL COURT

(Samedi Division)

4^th November 2005

The Attorney General

-v-

Oliver Munks

Sentencing by the Inferior Number of the Royal Court, on guilty pleas to:

Age:  27.

Plea: Guilty.

Details of Offence:

Count 1.  In the early hours of 4^th February, 2005, Police Officers observed the Defendant driving erratically.  When stopped, roadside breath test was negative but Defendant unsteady on feet and eyes glazed.  Police doctor concluded that he was unfit to drive through drugs.

Count 2.  Later the same day at 19.50, the Defendant was again observed driving a motor vehicle erratically.  Following arrest, police doctor found him to be unfit to drive through drugs.

Count 3.  Defendant arrested in car park near disused quarry in St Brelade, having been observed entering a German bunker and returning to his car with a packet.  He obstructed officers attempting to take the packet from him.  Found to be in possession of 6.1 grams of heroin which he claimed he had just collected from the bunker having left cash there earlier in payment for the drugs.  Defendant admitted he was a heroin addict, consuming between half and a gram per day on the date of his arrest.

Details of Mitigation:

Guilty pleas, residual youth, after his arrest, fully co-operative with the police in his Questions and Answers.  Social Enquiry Report and Alcohol and Drug Reports both noted his intelligence, potential and insight, strongly urging the Court to give him a final chance of rehabilitation.  Other references provided.  Defendant has never previously had any input from Probation, although he had previously successfully completed Community Service.  He had spent 6 months 3 weeks on remand in custody and was now drug free.  Defence urged Court to give him one last chance.

Previous Convictions:

Five previous convictions involving seventeen offences, four of which were drug-related.

Conclusions:

Total:  20 months' imprisonment plus disqualification for 24 months.

Sentence and Observations of Court:

18 months probation coupled with a Treatment Order.  18 months' disqualification from driving.  Forfeiture and destruction of the drugs.

Mrs S. Sharpe, Crown Advocate.

Advocate R. Juste for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        Anyone who is in possession of this amount of heroin with your record goes to prison.  But the Court is impressed with the Reports from the Probation Service and Mr Gafoor, Drug and Alcohol Service, which suggest that you really are determined to conquer your addiction and you want to start a new life with your fiancée.  You clearly have potential, you did well at school, you achieved A levels and started at University.  You have all sorts of possibilities before you in terms of employment, but you will not really succeed in fulfilling your potential unless you can get over this heroin addiction.

2.        We accept that you have never had the benefit of a Probation Order or a Treatment Order and you have in fact served the equivalent of a six months' sentence.  Taking account of all these matters and those which Miss Juste very persuasively put before us we think that you should be given a chance to show what you can do.  We are going to make a Probation Order for 18 months, as requested, and we are also imposing a Treatment Order with the Drug and Alcohol Service on the usual conditions.  That means in particular you must do exactly what they say and attend for treatment.  You must remain free of all controlled drugs and this will be checked on by random tests which you will have to submit to.  You must understand if you fail to comply with the drug and alcohol treatment, if you fall off the wagon, or if you don't do what the Probation Officer tells you and attend all the courses that they direct you to, or of course if you re-offend, you will be brought back here and it seems almost inevitable that, if that happens, you will have to go back to prison.

3.        You will be disqualified from driving for the two driving offences and we disqualify you from driving for 18 months.  We order the forfeiture and destruction of the drugs.

Authorities

AG -v- Schlandt [1999]JRC166.

Whelan: Aspects of Sentencing in the Superior Courts of Jersey (2^nd Ed'n): pp. 165-180.