Jersey Unreported Judgments

[2006]JRC086

ROYAL COURT

(Samedi Division)

16^th June 2006

The Attorney General

-v-

Colin MacKenzie

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

First Indictment

Second Indictment

Age:  30.

Plea: Guilty.

Details of Offence:

First Indictment

On the 4^th November, 2005, accused was observed driving his motor vehicle.  He parked the vehicle at Snow Hill then drove home.  He admitted driving uninsured (Count 1).

On the 5^th November, 2005, a drugs warrant was executed at an address in St Helier.  In the accused's bedroom the police discovered a cigarette packet containing 199 mg of cannabis resin (no particular 'street' value - sufficient to make two cannabis cigarettes) and two Class C 10 mg Zolpidem tablets (value on illicit market of between 50p and £2.00).  In the adjacent lounge area occupied by the accused they found a further 2.48 grams of cannabis resin (street value £10 to £15) (Count 4 and 5).

During interview the accused admitted he was a regular user of cannabis.  He admitted the cannabis recovered from the lounge area was his and that the further lump recovered from the cigarette packet might be his.  He claimed the Zolpidem tablets were used as sleeping tablets.

Second Indictment

Whilst on remand at La Moye Prison awaiting presentation before the Royal Court in relation to the First Indictment the accused was found in possession of a further 4.59 grams of cannabis resin during a routine search of his cell (estimated 'street' value £25 - unlikely to hold a wholesale value although estimated wholesale value of £20 considered fair).

The accused admitted the cannabis was his.

Details of Mitigation:

Guilty pleas (although plea in relation to the Second Indictment considered inevitable).

Previous Convictions:

Record containing convictions x 2 for possessing a controlled drug.

Conclusions:

First Indictment

Second Indictment

Sentences in relation to Counts 1, 4 and 5 of the First Indictment to follow consecutively with each other and consecutively the 6 month term imposed in relation to the Second indictment giving a total of 8 months and 1 week's imprisonment  - together with 6 months' disqualification from driving.  Given time spent on remand this would ensure the accused - who was remanded on a warning following his acquittal on Counts 2 and 3 of the First Indictment (more serious drug related charges) - would not be returned to custody.

Sentence and Observations of Court:

Conclusions granted.

A. J. Belhomme, Esq., Crown Advocate.

Advocate N. J. Rive for the Defendant.

JUDGMENT

THE BAILIFF:

1.        MacKenzie, it is a serious offence to be found in possession of drugs in the Prison, for reasons which I am sure you understand, but the Court nonetheless, having regard to the amount of time you have spent in custody on remand essentially for other offences, is going to grant the conclusions and you are, therefore, sentenced on Count 1, of the Second Indictment, to 6 months' imprisonment; on Count 1, of the First Indictment, to 1 week's imprisonment and disqualified for 6 months from holding a driving licence; on Count 4, on the First Indictment, to 1 month's imprisonment, on Count 5, of the First Indictment to 1 month's imprisonment.  All those sentences to run consecutively making a total of 8 months and 1 week's imprisonment and a disqualification for holding a driving licence for 6 months. 

2.        You have served that term of imprisonment on remand and you are therefore free to leave the Court and we order the forfeiture and destruction of the drugs.

No Authorities