Jersey Unreported Judgments

[2007]JRC050

ROYAL COURT

(Samedi Division)

23^rd February 2007

The Attorney General

-v-

Alexander Campbell Reid

Sentencing by the Inferior Number of the Royal Court on the following charges:

Age:  49

Plea: Guilty.  (Counts 2 and 3).  Not guilty (Count 1) - not pursued.

Details of Offence:

The Defendant was stopped whilst driving his van.  A bag containing 20 grams of cocaine was discovered in the van.  The Defendant initially denied all knowledge of the drugs but pleaded guilty to possession.  A cannabis cigarette was found at his home.

Details of Mitigation:

Guilty plea.  The Defendant's wife had died some years ago and he had not come to terms with this and other bereavements in his family.  He had a 16 old son in his care.

Previous Convictions:

No previous convictions for drugs but did have 14 convictions.

Conclusions:

Total: 12 months' imprisonment.

Forfeiture and destruction of drugs sought.

Sentence and Observations of Court:

Forfeiture and destruction of drugs ordered. 

S. E. Fitz, Crown Advocate.

Advocate J. M. P. Gleeson for the Defendant.

JUDGMENT

Commissioner:

1.        Reid has some fourteen previous convictions and none of them involved with drugs.  He is 49 years old.  He was arrested in his car while under police surveillance and he was found to have the cocaine in his car.  A very small amount of cannabis was found in his flat.  His explanations to the police were extraordinarily tortuous but he eventually pleaded guilty to the serious offence.  The cocaine that was discovered had a street value of £1,400 to £1,600 but only contained some 2% of the drug.  This, of course, does not affect Reid's involvement, as in Hasson-v-AG [2004] JCA 124., as he was clearly fooled by his dealer whom he has not named.

2.        He has four children but his housing tenancy is assured because his eldest son apparently would be able to take on the tenancy in his name.  Two sons aged between 16 to 18 live in the flat, his two elder children live separately.  We have been given, in great detail, his difficult family background.  Very tragically his wife died of cancer after a 30 year relationship.  His mother died in 1994.  A baby was lost in 1999 and, of course, his wife died about a year later.  His father died in 2002.  Perhaps not unnaturally he has depression problems and a sleeping disorder.  The Probation Report says that he has not coped well with the bereavement and his feelings have manifested themselves in alcohol and drug abuse.  We have heard of the very difficult move from the matrimonial home that occurred after his wife's death.  I have to say that he must rid himself of his alcohol dependency.  If he were put into prison the family impact would be serious, Advocate Gleeson has shown that.  He is at a medium or a low risk of re-offending, according to which report you happen to read, and he is, of course as I have said, a hardened criminal in many respects but not in relation to drugs.

3.        We are going to regard this as an exceptional case.  We have been impressed by the children's letters and by the fact that they have sat in Court throughout this trial, and also by your work's references.  Advocate Gleeson has said that you did not get on well with Mr Gafoor.  Well you must moderate your views.  We are going to sentence you to a direct alternative to imprisonment, because these are exceptional circumstances.  You will serve 180 hours Community Service, which is equivalent to the 12 months' imprisonment.  You must also serve 12 months' probation and you must follow the course which is directed by his Probation Officer and she will explain that to you. 

4.        We order the forfeiture and destruction of the drugs. 

Authorities

Hasson -v- AG [2004] JCA 124.