Jersey Unreported Judgments

[2007]JRC006

ROYAL COURT

(Samedi Division)

12^th January 2007

Before     :

M.C. St. J. Birt, Esq., Deputy Bailiff, and Jurats Allo and Liddiard.

The Attorney General

-v-

Alan Dennis Bates

And

Irene Elizabeth Fairbrace

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

Alan Dennis Bates

1 count of:

Supplying a controlled drug, contrary to Article 5 (b) of the Misuse of Drugs (Jersey) Law 1978.

Age:  48.

Plea: Guilty.

Details of Offence:

On 5^th September, 2006 Police Officers located Fairbrace following the receipt of intelligence indicating that she was in possession of a commercial quantity of cannabis resin. When questioned she stated that she had a 9 ounce (252 gram) bar of cannabis resin at her home address.  She voluntarily accompanied the Officers there and directed the Officers to a personal amount and a large lump of cannabis resin which was seized.  She was arrested on suspicion of possessing a controlled substance with the intent to supply.

During interview Fairbrace admitted that the cannabis seized belonged to her and stated that she had picked up the "9 bar" earlier that afternoon from a male she identified as Bates and to whom she was to pay £1,000 within the next two weeks for it.  She admitted she was going to supply the large lump of cannabis at £160 per ounce.

Later, Officers searched the home address of Bates.  No drugs were found but Bates was arrested on suspicion of supplying a controlled drug.

After initially denying all knowledge of any drugs. Bates then fully admitted that he had obtained the "9 bar" of cannabis from an unknown male and gave it to Fairbrace.

Fairbrace was re-interviewed and stated that she had previously received three "9 bars" of cannabis resin (a total of 756 grams) from Bates which she had sold on within a few days.  Bates was also re-interviewed and stated that there had only been two previous transactions, that he paid £900 for a "9 bar" before giving it to Fairbrace making £100 profit on the first but none on the second as it was slightly underweight.

Bates stated that he obtained the cannabis for Fairbrace to help her out and provided a description and details of where he had met the man but could not name him.

In total Bates, therefore, admitted supplying three "9 bars" (756 grams) of cannabis resin to Fairbrace (Count 1) with a total wholesale value of between £3,000 and £3,600 and a street value of between £3,750 and £4,320.

Similarly the total street value of the cannabis resin that Fairbrace has admitted supply (Count 2) is also between £3,750 and £4,420 whilst the street value of the additional cannabis resin seized from her home which she intended to supply (Count 4) is in the region of £1,440.

Details of Mitigation:

Guilty plea, eventually co-operative, industrious self-employed status, references.

Previous Convictions:

Bates has twenty-six previous convictions for fifty eight offences, none drug related.

Conclusions:

Count 1:

180 hours' Community Service. (12 months' imprisonment alternative).

Confiscation order in the amount of £1,900 at a rate of £200 per month.

A year to pay (6 months' imprisonment in default).

Forfeiture and destruction of the drugs. 

Sentence and Observations of Court:

Conclusions granted.

Irene Elizabeth Fairbrace

1 count of:	Supplying a controlled drug, contrary to Article 5 (b) of the Misuse of Drugs (Jersey) Law 1978.  (Count 2).
1 count of:	Possession of a controlled drug contrary to Article 8 (1) of the Misuse of Drugs (Jersey) Law 1978.  (Count 3).
1 count of:	Possession of a controlled drug with intent to supply, contrary to Article 8 (2) of the Misuse of Drugs (Jersey) Law 1978.  (Count 4).

Age:  26.

Plea: Guilty.

Details of Offence:

See Bates above.

Details of Mitigation:

Guilty plea, co-operative with authorities, wrote own indictment on Count 2, named her supplier, residual youth.

Previous Convictions:

Fairbrace has five previous convictions for nine offences including one previous drugs possession offence.

Conclusions:

Count 1:	100 hours' Community Service. (12 months' imprisonment alternative).
Count 2:	50 hours' Community Service.
Count 3:	150 hours' Community Service, concurrent.

Total 150 hours' Community Service (9 months' imprisonment alternative).

2 year Probation Order.

Confiscation order in the nominal amount of £1.

Forfeiture and destruction of the drugs. 

Sentence and Observations of Court:

Conclusions granted.

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

Advocate J. Gollop for Bates

Advocate L. Buckley for the Fairbrace.

JUDGMENT

THE DEPUTY BAILIFF:

1.        Mr Bates you admitted supplying 750 grams of cannabis resin to your co-accused for a profit of something in the region of £200.  Miss Fairbrace you admit to having sold on a similar amount, indeed a slightly greater amount, as a retail dealer.  So in both of your cases the motive is financial. 

2.        In normal circumstances this would, without doubt, lead to a sentence of imprisonment.  This Court is determined to ensure that those who deal in drugs pay a penalty, and we agree that, in those circumstances the Crown's starting point of 18 months would have been appropriate.  The Crown has taken a merciful view in the light of the very strong mitigating factors which appear from all the reports before us.  The Court is willing to go along with the Crown's recommendations.  So we are not going to impose a sentence of imprisonment.  You can both consider yourselves extremely fortunate.

3.        Miss Fairbrace, the recommendation in your case and the sentence we impose is for a 2 year probation order on each of the counts to include a treatment order with the Drug and Alcohol Service.  You must attend as directed by the Drug and Alcohol Service, you must abstain from all drugs and you will be subject to random testing.

4.        In addition, because of the seriousness of the matter, you must face a punishment and we are going to order you to carry out a total of 150 hours' Community Service.  That is 150 hours on Counts 2 and 4 and 50 hours on Count 3, all of them concurrent so it is a total of 150 hours.  You must realise that if you do not do what your Probation Officer says then he will bring the matter back to this Court, similarly in relation to the Drug and Alcohol Service, if you start not turning up to appointments or if you otherwise breach it by failing random tests, then they will refer you back to us, and of course if you commit any further offences you will be referred back.  If you come back then the Court is likely to take a very different view because we are giving you a chance today.

5.        The same applies to you Mr Bates.  The Court is willing to go with the conclusions as we have said.  In your case there is no recommendation for a Probation Order but you must be punished and, therefore, we impose a Community Service Order of 180 hours on the count and we say that the sentence we would have had in mind would have been 12 months' imprisonment.  I should also say the sentence we had in mind for Miss Fairbrace is one of 9 months' imprisonment, as recommended.

6.        The same applies to you, if you do not perform the service, if you do not turn up and carry out the work properly, then you will be referred back here and if you do you can only expect one thing.  That is the sentence of the Court and you are both very fortunate.  We order the forfeiture and destruction of the drugs.

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