Jersey Unreported Judgments

[2006]JRC077

ROYAL COURT

(Samedi Division)

19^th May 2006

The Attorney General

-v-

Ian Francis Cash

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

Age:  23.

Plea: Guilty

Details of Offence:

Cash received four "nine bars of cannabis", weighing approximately 1 kilogram, from an unnamed man.  He hid three of the bars at his sister's house with the intention of minding them for the said man.  (Count 1).  His sister was unaware of this.

He was given the fourth bar as a reward, and went on to sell approximately 6 ozs therefrom (Count 3), retaining the remaining cannabis for his own use (Count 2).

He made £1,290 from the sale of the cannabis, which was evidence of commercial dealing, as opposed to social supply of cannabis.

Details of Mitigation:

Guilty pleas, wrote own indictment on the supply charge, residual youth, good character, remorse, support from family and employers.

Previous Convictions:

One previous conviction for disorderly on licensed premises.

Conclusions:

Total:  10 months' imprisonment.

Sentence and Observations of Court:

The Court adopted the Crown's starting point of 2 years despite the commercial quantity of cannabis involved amount to slightly less than 1 kilo.  Crown's conclusions were correct, but Court felt that due to the mitigation advanced, they could order a community based alternative.

Total: 160 hours community service (alternative sentence 10 months' imprisonment).

C. M. M. Yates, Esq., Crown Advocate.

Advocate R. C. L. Juste for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        You took about a kilo of cannabis and you agreed to look after about three-quarters of it and the remaining quarter you were free to do with as you wished and you sold the majority of it. 

2.        The Court has repeatedly said that those who deal in drugs go to prison and that is the normal course.  The Crown has suggested a starting point of 2 years.  Miss Juste has argued that that is too much because we are dealing with just under a kilo that you actually dealt with commercially, but in our judgment that is a distinction without a difference in this case and we think 2 years was the correct starting point.  We also think the Crown allowed quite enough by way of mitigation and that 10 months' imprisonment would therefore be the correct sentence.

3.        The Court is satisfied on this occasion that it was out of character, that you have learned your lesson and that you do regret what you have done and the probation service has said you are at low risk of re-offending.  So exceptionally we are not going to send you to prison.  But you must realise how close you have come to it.

4.        W are going to impose a community service sentence which is as follows.  On Count 3,160 hours; on Count 6, 40 hours; on Count 7, 160 hours, all of those concurrent.  So it is 160 hours altogether, and I must warn you, if you do not carry it out you will be brought back here and inevitably you will go to prison.  You must turn up on time, every time you are told, do exactly as you are told to do with a willing spirit.  We order the forfeiture and destruction of the drugs.

No Authorities.