Jersey Unreported Judgments

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Cite as: [2007] JRC 142

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[2007]JRC142

ROYAL COURT

(Samedi Division)

20^th July 2007

Before :

J. A. Clyde-Smith, Esq., Commissioner, and Jurats Tibbo and Le Cornu.

The Attorney General

-v-

Luke John Le Moine

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

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) 1999. (Count 1).
1 count of:	Possession of a utensil for the purposes of committing an offence, contrary to Article 10 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).

Age: 18.

Plea: Guilty

Details of Offence:

Count 1: the Defendant effected postal importation of 1 x nine-bar cannabis resin: total weight 243.77 grams, street value approximately £1,440; wholesale value approximately £1,000.

Count 2: 979 mg cannabis resin found at Defendant's home.

Count 3: various drugs paraphernalia found at this home including set of scales with traces of cannabis resin.

Details of Mitigation:

Guilty pleas; youth; good character; remorse; immature; claimed nine-bar was for personal use - (accepted by Court); low risk of re-offending; had employment.

Previous Convictions:

None.

Conclusions:

Starting point: 18 months' youth detention.

Count 1:	150 hours' Community Service (equivalent to 9 months' youth detention).
Count 2:	45 hours' Community Service (equivalent to 2 weeks' youth detention), concurrent.
Count 3:	45 hours' Community Service (equivalent to 2 weeks' youth detention), concurrent.
Total:	150 hours' Community Service.

Drugs and scales to be forfeit and destroyed.

Sentence and Observations of Court:

Conclusions granted.

S. Sharp, Crown Advocate.

Advocate M. H. Temple for the Defendant.

JUDGMENT

THE COMMISSIONER:

1. Le Moine has pleaded guilty to importing 243 grams of cannabis resin with a street value of approximately £1,440 which is at the lower end of the commercial range and which constitutes the first count.

2. In addition a search of his home produced a set of scales which tested positive for cannabis and a small amount of cannabis resin which constitute the second and third counts.

3. We accept that the starting point for the importation is 18 months' youth detention, a sentence in view of the defendant's age (18), which we can only impose if there is no other method of dealing with the defendant because the offence committed is so serious that a non-custodial sentence cannot be justified.

4. The defendant has pleaded guilty. We have listened carefully to all of the mitigation that has been put forward on his behalf. He is of good character and we are prepared to accept that this importation was for personal use. We are going to grant the conclusions of the Crown.

5. We note that you no longer use cannabis, and we hope that this experience will enable you to shun any further involvement with drugs, an involvement that will only bring misery and shame on you, and your family.

6. You are sentenced as follows on Count 1, to 150 hours Community Service which is equivalent to 9 months' youth detention. On Count 2, 45 hours' Community Service, which is equivalent to 2 weeks' youth detention, concurrent. On Count 3, 45 hours' Community Service, which is equivalent to 2 weeks' youth detention, concurrent. That is a total of 150 hours' Community Service.

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

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