Jersey Unreported Judgments

[2007]JRC066

ROYAL COURT

(Samedi Division)

16^th March 2007

The Attorney General

-v-

Carlos Andre Teixeira

Sentencing by the Inferior Number of the Royal Court following a guilty plea to the following charges:

Age:  29.

Plea: Guilty.

Details of Offence:

In the defendant's flat police officers found cannabis plants, seeds, a considerable quantity of cannabis plant material, snap seal bags with a cannabis motif on, money bags and scales.  The total 31-66 ounces of cannabis plant material found was sufficient to provide between 3,546 and 4,207 cannabis joints.  The potential crop from the growing plants at 9 ounces was sufficient to provide a further 1,008 to 1,125 cannabis joints.

The total value was approximately £8,132.  Police also found a personal quantity of cannabis resin.  An analysis of the defendant's mobile telephone demonstrated numerous text messages in which individuals had requested cannabis from him.

The defendant was held to be at medium risk of re-offending, showing limited remorse and minimising the seriousness of the offences.  The SER stated that he perceived the use of illegal substances as a legitimate coping mechanism.

Details of Mitigation:

The defendant had conquered a heroin addiction and obtained employment and had a steady relationship.

Previous Convictions:

The defendant had previous convictions for possession of a controlled drug in 1997, 1999 and 2000.  He also had a conviction for larceny from a dwelling in 1999..

Conclusions:

Total: 9 months' imprisonment.

Sentence and Observations of Court:

The Court took account of the defendant's efforts in conquering his heroin addiction and found exceptional circumstances in the nature of the supply.

The Court imposed a 2 year Probation Order coupled with a 150 hour Community Service Order.

S. E. Fitz, Crown Advocate.

Advocate D. J. Benest for the Defendant.

JUDGMENT

THE COMMISSIONER:

1.        The Defendant, who has a history of illegal drug use, has pleaded guilty to 3 counts of possession, possession with intent to supply and being concerned in the production of cannabis.

2.        On searching his home the Police found cannabis resin, cannabis seeds, three cannabis plants, plant material and other paraphernalia associated with the possession, production and supply of cannabis, including money bags, sealable bags with the cannabis motif and scales.  DC Kennea's expert evidence showed that the herbal cannabis was sufficient to provide between 3,546 and 4,207 cannabis joints and the crops still growing would provide a further 1,008 to 1,125 cannabis joints.  The herbal cannabis would have had a value of £6,332 and the further crop a potential value of £1,800.  An analysis of the Defendant's mobile phone records demonstrated numerous text messages in which individuals had requested cannabis from him.

3.        Initially the Defendant maintained that these drugs were for his personal use, and he only pleaded guilty to the charge of supplying when indicted before the Royal Court on 23^rd February, 2007.  The Defendant had regarded the use of these substances as legitimate, he was not previously motivated to address that usage and he had appeared unwilling in the past to break away from his involvement in drugs.  He has a record of previous convictions for possession of a controlled drug in 1997, 1999 and 2000, and a conviction for larceny in 1999, associated with his then addiction to heroin.  He has previously been placed on probation and has been made the subject of a Community Service Order.

4.        We have listened very carefully to the mitigation put forward in this case.  We have taken into account the Defendant's age, he is 29.  We note that he has conquered his heroin addiction and the Court applauds him for that, and we note the medal that was awarded to him.

5.        We take the view that, of the 1 kilogram of herbal cannabis found, a substantial part of that must have been for his personal use.  We have also taken into account what we regard as the unusual nature of the supply undertaken in this case.  Notwithstanding the clear policy of the Court, we do regard this case as exceptional, and noting that the Defendant will co-operate with the voluntary programme suggested by the Probation Department, we have decided not to imprison him.

6.        You will be placed on probation for 2 years.  The terms will be explained to you but you will be expected to carry out such programmes as the Probation Department direct and recommend and as you now have agreed to do.  We also make a Community Service Order for you to complete 150 hours of Community Service in respect of Counts 1 and 3, concurrent, which equates to 9 months imprisonment, which is the sentence which we would have imposed upon you under Counts 1 and 3, concurrent.  You will complete 50 hours of Community Service in respect of Count 2, concurrent, which equates to the 1 month imprisonment we would have otherwise imposed in respect of Count 2, concurrent.  You have been exceptionally lucky.  Let this be the last time that you appear in this or any other Court and we very much hope that you will use this exceptional opportunity to the best outcome.  We must also warn you that if you breach the terms of the Probation Order, or you do not carry out the Community Service Order, you will be back before this Court where you will almost certainly be imprisoned.

7.        We also order the forfeiture and destruction of the drugs.   

No Authorities