Jersey Unreported Judgments

[2006]JRC124A

ROYAL COURT

(Samedi Division)

13^th September 2006

The Attorney General

-v-

Gary Gilbertson

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

Age:  21.

Plea: Guilty.

Details of Offence:

Count 1.  Following Gilbertson's arrest whilst in possession of £1,980 in cash and drug dealing lists, he confessed to supplying between 1,000 and 2,000 Ecstasy tablets during a two and half month period, in his role as a street dealer.

Counts 2 - 4.  A search of Gilbertson's bedroom revealed 2 ecstasy tablets, 3 perforated LSD squares and various lumps of cannabis resin totalling 22.5 grams.

Details of Mitigation:

Count 1, wrote own indictment, co-operation with police, named supplier, gave evidence against co-accused which led to a conviction (subsequently overturned on appeal).

All Counts, youth, guilty plea, desire to change his ways, motivated by his recent fatherhood. 

Previous Convictions:

No relevant record, no previous for drugs.

Conclusions:

Forfeiture and destruction of the drugs.

Sentence and Observations of Court:

Conclusions granted.

T. J. Le Cocq, Esq., Crown Advocate.

Advocate N. J. Chapman for the Defendant.

JUDGMENT

THE COMMISSIONER:

1.        Gilbertson as the Crown Advocate has told us has pleaded guilty to 4 Counts of supplying Ecstasy and possession of Ecstasy, LSD and cannabis.

2.        When he was arrested outside Moon's house at 11.35 a.m. he was with his girlfriend in his car.  He had a blue carrier bag on his lap and was phoning Moon who was inside the house.  Gilbertson had with him the other items, the other items were found at his accommodation, £1,980 in cash and a book containing deal lists. 

3.        He claimed to have dealt in drugs later, of a street value of £14,437 and £70,690 with which he had been supplied.  He pleaded guilty to the 4 charges laid against him on indictment on 31^st March.  He was granted bail on 7^th July and has spent 253 days on remand which is the equivalent of 379 days. 

4.        A search of Gilbertson's bedroom, at his girlfriend's parent's house disclosed more drugs which had, in the context of this trial, a nominal value and were for personal use.

5.        However, more serious matters came to light, but only because Gilbertson made a confession statement to the police.  He admitted supplying ecstasy of between 1,000 and 2,000 tablets which in ordinary circumstances would give a starting point of 10 years.  As the Crown Advocate has said Gilbertson is guilty of the commercial retail supply for money of a substantial amount of Class A drugs which ordinarily the Court would sentence very substantially by way of imprisonment. 

6.        There are, however, extenuating circumstances.  He pleaded guilty and surprisingly wrote his own indictment to Count 1, for there was no evidence before his confession of the supply other than the £1.980 in his possession.  He is a first offender in this context as his previous conviction is a minor one and quite different.  He has been very co-operative with the police.  We have, of course studied the case and the Crown's conclusions of 1 year for Count 1, Count 2, 1 month, Count 3, 2 months, Count 4, 4 week's imprisonment, all to run concurrently, which would have meant in the context of this case to 1 year's imprisonment. 

7.        As I have said, he was granted bail on 7^th July and has spent 253 days in prison on remand.  We are going to sentence you to 1 year's imprisonment which means you are free to leave the Court.  Your references are very good, you have a job to go back to, you have a small baby which apparently you are very fond of, and clearly we do not want to see you again.  Dealing in drugs is a filthy business and it is not dealing that worries us, it is the results that that dealing has on all those people who buy drugs from dealers.  We order the forfeiture and destruction of the drugs.

No Authorities