Jersey Unreported Judgments

[2006]JRC105

ROYAL COURT

(Samedi Division)

21^st July 2006

Before     :

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

The Attorney General

-v-

Andrew Ernest Louis

And

Martin John Wakeling

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

Andrew Ernest Louis

1 count of:	Being drunk and disorderly (Count 1).
2 counts of:	Possession of a controlled drug contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law, 1978.  (Counts 2 and 4)
1 count of:	Possession of a controlled drug with intent to supply contrary to Article 8(2) of Misuse of Drugs (Jersey) Law, 1978.  (Count 3).
1 count of:	Being knowingly concerned in the fraudulent evasion of the prohibition on the importation of a controlled drug, contrary to Article 61(2)(b) of the Customs and Excise (Jersey) Law 1999. (Count 5).

Age:  34.

Plea: Guilty.

Details of Offence:

Police were called to a house where Louis was drinking with friends and being noisy.  When told to calm down, Louis and a friend went into the street and argued loudly.  When arrested, Louis continued to be disruptive.  (Count 1).

Louis and Wakeling later visited the U.K. for a weekend and were stopped coming through customs on their return.  They were searched but nothing was found.  The following day, however, a letter was intercepted by Customs and had been sent from the same place that Wakeling had visited in the U.K. to his old home address.  It contained approximately 5 grams of heroin.  The drugs were seized and the letter delivered to the address, which was put under surveillance.

Wakeling subsequently broke into the premises to retrieve the envelope (Count 6), and both he and Louis were arrested a short distance away.  On their arrest, Louis was found to be in possession of a personal amount of cannabis (2.65 grams) (Count 4) and 8 deal bags of heroin weighing a total of 2.02 grams.  Electronic scales containing traces of heroin were seized from Louis' flat.  Louis pleaded guilty to possession of the heroin with intent to supply (Count 2), while the Crown accepted that Wakeling had imported the heroin in the envelope for his own use (Count 5).

Details of Mitigation:

Guilty pleas; only small amount of drugs; addict, difficult background, sentencing reports stated that he had reached a turning point in his life where a non-custodial sentence would be more beneficial than prison..

Previous Convictions:

19 previous convictions comprising 116 offences including 9 previous dugs charges.

Conclusions:

18 months' Probation Order.

Mandatory attendance on Drug and Alcohol Department for 1 year.

Supervised Naltrexone treatment.

SMART course.

Sentence and Observations of Court:

Given the particular contents of the sentencing reports, the Court granted the Crown's conclusions.

Martin John Wakeling

1 count of:	Being knowingly concerned in the fraudulent evasion of the prohibition on the importation of a controlled drug, contrary to Article 61(2)(b) of the Customs and Excise (Jersey) Law 1999. (Count 5).
1 count of:	Breaking and entering with intent to commit a crime.

Age:  32.

Plea: Guilty.

Details of Offence:

See Louis above.

Details of Mitigation:

Guilty pleas; only small amount of drugs; addict, difficult background, sentencing reports called for treatment rather than prison.

Previous Convictions:

30 previous convictions comprising 178 offences including 9 previous dugs charges.

Conclusions:

18 months' Probation Order.

Mandatory attendance on Drug and Alcohol Department for 1 year.

Supervised Naltrexone treatment.

SMART course.

Abstinence from non-prescribed drugs and random drug testing.

Sentence and Observations of Court:

Given the particular contents of the sentencing reports, the Court granted the Crown's conclusions.

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

Advocate R. C. L. Morley-Kirk for Louis.

Advocate S. E. Fitz for Wakeling.

JUDGMENT

THE BAILIFF:

1.        Louis, the Court is going to grant the conclusions of the Crown Advocate and is going to place you on probation for a period of 18 months subject to the various conditions which the Crown Advocate has spelt out. 

2.        We want you to understand that we are doing this because we have received strong recommendations in the background reports that this is the moment when it may be possible for you to change the way in which your life has been lived for the last 15 years or more and do something about it.  Certainly you have the opportunity to get help from Mr Gafoor, which is advice and help that we very much hope you will take.  If you conquer the heroin addiction, there is a chance that you can make something of your life. 

3.        We are going to place you on probation for 18 months, subject to the condition that you submit to treatments, including the supervised administration of Naltrexone, frequent testing by the Drug and Alcohol Service and that you complete the SMART programme.  I have to warn you, of course, that if you do not comply with the terms of your probation order you will be liable to be brought back here and sentenced again for these offences.

4.        Wakeling, we are going to grant the conclusions of the Crown Advocate for you as well, and we are going to place you on probation for a period of 18 months and I repeat what I have said in relation to Louis.  You have an opportunity, largely generated by the advice of Mr Gafoor, to do something about conquering your heroin addiction and we think that if you do that there is also a chance that you may be able to live a useful and profitable life and not spend the rest of your days going in and out of prison.

5.        We place you on probation for a period of 18 months, subject to the usual conditions that you live and work as directed by your Probation Officer, that you attend the SMART course and comply with all the recommendations of the Drug and Alcohol Service and again, I warn you that if you fail to comply with any of those condition you are liable to be brought back before this Court and sentenced again for these offences.

No Authorities