Jersey Unreported Judgments

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URL: http://www.bailii.org/je/cases/UR/2006/2006_090.html
Cite as: [2006] JRC 90, [2006] JRC 090

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[2006]JRC090

ROYAL COURT

(Samedi Division)

30^th June 2006

Before :

Sir Philip Bailhache, Kt., Bailiff, and Jurats Le Breton and Morgan.

The Attorney General

-v-

Stuart Terence Leary

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

1 count of:

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

Age: 45.

Plea: Guilty.

Details of Offence:

Leary was stopped at the Airport having arrived from Cardiff. A search of his baggage revealed a medication box which contained some tablets and a plastic bag containing a white/pink coloured powder. The powder was subsequently analysed and shown to be Amphetamine Sulphate with a total weight of 57.74 grams and it contained 14% by weight of Amphetamine Sulphate. Leary, in interview, admitted that the Amphetamine Sulphate was his and that it was a remainder of a quantity that he had purchased in the summer of 2005. He had purchased the Amphetamine to assist in addressing his weight problem. The Police expert evidence confirmed that one of the effects of the use of Amphetamine Sulphate was to suppress appetite. Leary contended that he had no intention of bringing the drugs into Jersey and that he had packed it by mistake. The contention was accepted by the Crown for the purposes of sentencing. The Amphetamine Sulphate had a local street value of £560 and a wholesale value of £400.

Details of Mitigation:

The Defendant was aged 45 and was of previous good character. Character references on his behalf were produced. Letters in confirmation from his Doctor were also produced confirming that he had an obesity problem and that he also had a bad back which had prevented him from working a number of years. He, therefore, had limited financial means. He had been fully co-operative with the Customs Officers once the drugs had been discovered. The Social Enquiry Report produced by the Swansea Probation Service recommended a Probation Order to assist him with a variety of issues.

Previous Convictions:

None

Conclusions:

Count 1:

12 months' Probation Order to be supervised on behalf of the Jersey Probation and After Care Service by the Swansea Probation Service. The Crown sought the forfeiture and destruction of the drugs.

Sentence and Observations of Court:

Generally speaking the importation of drugs was treated as a serious matter. The Court had taken into account all of the matters including the information contained within the Social Enquiry Report and the Conclusions of the Crown. The Court had considered those Conclusions and which the court felt they were appropriate.

Sentence imposed: a 12 months' Probation Order to be supervised by the Swansea Probation Service. The Defendant was warned that he had to comply with any requirements made by the Probation Service.

The Court ordered the forfeiture and destruction of the drugs.

J. C. Gollop, Esq., Crown Advocate.

Advocate N. J. Chapman for the Defendant.

JUDGMENT

THE BAILIFF:

1. Leary, generally speaking the Court regards the importation of drugs into this jurisdiction as a serious matter; but we have taken account all of the matters set out in the background report prepared by the Cardiff Probation Service and indeed of the conclusions of the Crown Advocate which we think are appropriate in this particular case.

2. The sentence of the Court, therefore, is that you will be placed on probation for a period of 12 months and that probation order will be supervised by the Swansea Probation Service and you must comply with any requirements of that Service. We order the forfeiture and destruction of the drugs.

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