Jersey Unreported Judgments

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Cite as: [2006] JRC 003, [2006] JRC 3

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[2006]JRC003

ROYAL COURT

(Samedi Division)

13^th January 2006

Before :

M. C. St. J. Birt, Esq., Deputy Bailiff, and Jurats Le Brocq and Morgan.

The Attorney General

-v-

Paul Emmanuel Bisson

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

9 counts of:

Possession of a controlled drug contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978.

(Counts 1, 4, 7 to 11, Cannabis, heroin, LSD and Buprenorphine).

2 counts of:

Supplying a controlled drug contrary to Article 5 (b) of the Misuse of Drugs (Jersey) Law 1978.

Age: 27.

Plea: Guilty.

Details of Offence:

The Defendant, a self-confessed heroin user, was in possession of personal amounts of drugs of varying classes. He admitted one previous non-commercial supply of heroin to a friend for no payment, and one supply of Valium to a third party for a profit of £2.50.

Details of Mitigation:

Very difficult background. Parents split, then both died within weeks of one another when Defendant only ten. Following death of grandmother some time later, Defendant undertook responsibility for younger half-sister. Now receiving bereavement counselling for death of parents and proposing further therapy to learn coping strategies. While on bail has tested negative to controlled drugs on random testing. Has three young children. Probation, psychological and substance misuse reports indicate turning point in Defendant's life, and recommended non-custodial.

Previous Convictions:

18 convictions for 28 offences including 10 theft and kindred offences and 8 drug offences. History of breaching probation orders (5 occasions in relation to 7 orders).

Conclusions:

Count 1:	2 years' probation, plus drug treatment order and 45 hours Community Service Order.
Count 2 to 11:	90 hours' Community Service Order, concurrent.

Sentence and Observations of Court:

Turning point in Defendant's life. Conclusions granted.

Solicitor General for the Crown.

Advocate J. D. Kelleher for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1. Mr Bisson until you conquer your drug addiction you are going to face difficulties, you will probably end up re-offending and you will end up coming back before this Court. We hope very much that what the reports say is right, namely that you regard this as a turning point in your life and you really are determined to get your life back on track.

2. For that reason and because the supply of heroin was at the very bottom of the scale in the sense that it was a supply of one 50 bag to a friend for no money, and the fact that you wrote your own indictment on that charge, we are willing to go along with the Crown's conclusions.

3. The sentence of the Court is 2 year's Probation together with a drug treatment order for 6 months and that means you must attend the Drug and Alcohol Service as they tell you to; you must not take any drugs during that time; and you will have to submit to random urine and other tests.

4. In addition we impose all the community service as moved for by the Crown so that makes a total of 90 hours which you must undertake and we order the forfeiture and destruction of the drugs. We say the sentence we would have had in mind would have been one of 3 months' imprisonment.

5. I wish to make this absolutely clear to you. If you do not do what your Probation Officer says or if you do not do what the Drug and Alcohol people say, or if you re-offend, then you will be brought back here and inevitably you will then go to prison. This is your chance and we hope you will take advantage of it.

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