Jersey Unreported Judgments

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Cite as: [2006] JRC 004, [2006] JRC 4

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[2006]JRC004

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-

Mauricio Jesus Mondium dos Santos

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

1 count of:	Supplying a controlled drug contrary to Article 5 (b) of the Misuse of Drugs (Jersey) Law 1978. (Count 1: heroin).
1 count of:	Receiving stolen property. (Count 2).
2 counts of:	Possession of a controlled drug contrary to Article 8 (1) of the Misuse of Drugs (Jersey) Law 1978. (Counts 3 and 4: heroin and cannabis resin).

Age: 21 (20 when pleaded to the indictment).

Plea: Guilty.

Details of Offence:

The Defendant, a heroin user, supplied a fellow user with heroin (Count 1) in exchange for a stolen telephone (Count 2). When the owner phoned the number, the Defendant answered and arranged to meet the owner and sell him the phone back for £40. The owner told the police who arrested the Defendant after the money had changed hands. The Defendant's premises were searched, and personal amounts of cannabis (Count 3) and heroin (Count 4) were found.

Details of Mitigation:

Early guilty plea and co-operation with the police. Wrote own indictment for Count 1. Was 20 when he pleaded guilty, thus came within Criminal Justice (Young Offenders) (Jersey) Law 1994. Responded in the past to non-custodial sentences. Alcoholic father, change from Madeira to Jersey at age of 9, claimed racial abuse at school.

Previous Convictions:

A number of offences against person and property, offences of dishonesty and drug offences starting in the Youth court in 1999.

Conclusions:

Two year's probation on condition of completing SMART programme, attending at Alcohol and Drugs Service, refrain from taking illegal drugs and co-operating with Workwise to find employment, plus drug treatment order.

Sentence and Observations of Court:

Conclusions granted. Court stressed need for accused to turn his life around.

The Solicitor General for the Crown.

Advocate S. A. Franckel for the Defendant.

JUDGMENT

THE COMMISSIONER:

1. Unless you conquer your heroin addiction you are going to come back before the Court again and you will then go to prison. The Solicitor General has made it absolutely clear that this is your last chance. It is up to you to take advantage of it. If you do re-offend then youth custody or prison is what will follow.

2. In view of your age, and your good response to probation in the past, and the nature of the offending in this case we are not going to send you to prison on this occasion.

3. We are going to grant the conclusions of the Crown which is that you are placed on probation for two years, there will be a treatment order for 6 months, which means that you must attend the Drug and Alcohol Service as they tell you, you must be free of all non-prescribed opiate drugs, and you will be subject to random urine tests for drugs.

4. I must make it clear, if you breach the directions of the Drug and Alcohol Service, or if you do not do what your Probation Officer says, or if you re-offend you will be brought back here and the Crown has made it clear what will then happen to you. We order the forfeiture and destruction of the drugs.

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