Jersey Unreported Judgments

[2006]JRC023

ROYAL COURT

(Samedi Division)

10^th February 2006

The Attorney General

-v-

Sara Jane Elizabeth Botrel

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

Age:  21

Plea: Guilty

Details of Offence:

Counts 1 and 2.  During a police search of a friend's flat, Defendant was found in possession of a stolen camera and two wraps of heroin with a total weight of 68 milligrams.

Count 3.  An envelope addressed to Le Marais Estate was intercepted by Customs.  It was found to contain 4.47 grams of heroin.  A dummy package was replaced and it was delivered to the address.  The Defendant was observed on CCTV removing the package from the post box, getting into a lift at Le Marais Estate, opening the envelope and placing the packet in front of her track suit bottoms.  On exiting the lift on the 7^th floor, the Defendant was arrested by Customs Officers.  Defendant tried to dispose of the envelope and drugs unsuccessfully.  She gave a "no comment" interview.  Accepted by the Crown that heroin had been purchased from a London supplier at local London value, namely £225 and it was for personal use.  At sentencing Defendant had served equivalent sentence of 5 months 9 days' in custody.

Details of Mitigation:

Defendant undertook 16-week detoxification in HMP.  Said she realised she had "wasted six years of her life" through drug misuse.  Very supportive parents who had written impressive letters.  Brother offered her employment.  Defendant also wrote moving letter to Court.

Previous Convictions:

Eight previous conditions in respect of ten offences, including drug trafficking offence in September 2002.

Conclusions:

12 months' probation order in respect of all 3 counts.

Crown took the view that this was the last opportunity for Defendant, now clean from illegal drugs, to start afresh.  Considerable time pent in custody on remand.  Crown adopted recommendation of Probation Officer, namely 12 months' Probation Order with (a) participation on Offending Is Not The Only Choice Group; (b) referral to Workwise Employment Adviser; (c) comply with Alcohol and Drugs Service -

Attend Alcohol and Drugs Service for 12 months.

Comply with treatment including opiate blocker Naltrexone under supervision

Remain abstinent from all non prescribed medication confirmed by randomised drug tests.

Confiscation Order £225.  Forfeiture and destruction of drugs.

Sentence and Observations of Court:

Conclusions granted.  Confirmation Order made.

Mrs S. Sharpe, Crown Advocate.

Advocate L. K. A. Richardson for the Defendant.

JUDGMENT

THE COMMISSIONER:

1.        You are still young, but you are on a very dangerous path, do you realise that?  If it continues you are going to have to spend long terms in prison.  There is hope despite your record and despite the fact that you are apparently at a high risk of re-offending.  Your parents are prepared to help and we have read some incredible letters of support from your family.  Mr Gafoor has also written a very helpful report, and because you are so young he is prepared to help you.

2.        We are going to follow the conclusions of the Crown and you are going to be sentenced to 12 months' probation, concurrent with the orders that go with it.  If you breach the conditions we are imposing you will be brought back to Court.  We order the forfeiture and destruction of the drugs.

No Authorities