Jersey Unreported Judgments

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Cite as: [2007] JRC 204

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[2007]JRC204

ROYAL COURT

(Samedi Division)

26^th October 2007

Before :

Sir Philip Bailhache Kt., Bailiff, and Jurats de Veulle and Newcombe.

The Attorney General

-v-

Thomas Christopher O'Hara

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

1 count of:	Possession of a controlled drug contrary to Article 8 (1) of the Misuse of Drugs (Jersey) Law 1978. (Count 1).
1 count of:	Violently resisting a police officer in the execution of his duty (Count 2).

Age: 29.

Plea: Guilty (Count 1). Not guilty (Count 2). Pleas accepted

Details of Offence:

Following a report of a disturbance, a police officer attempted to detain O'Hara for a drugs search. O'Hara resisted violently. O'Hara was observed extracting a clear plastic money bag containing white tablets from his crotch area. He then dropped the bag to the floor. The bag was found to contain 25 ecstasy tablets. It was accepted by the Crown that the tablets were purchased by O'Hara, in bulk, for his own personal use, O'Hara being a heavy ecstasy user.

Details of Mitigation:

Guilty plea. Difficult upbringing. Emotional difficulties due to recent death of his father and subsequent dispute over father's Estate. Positive references/report from college.

Previous Convictions:

7 previous convictions consisting of 14 offences, 10 of which are drug related. Drugs convictions for offences of simple possession of cannabis and ecstasy and possession with intent to supply cannabis and amphetamines. No conviction for drugs since January 2001. Previously breached custodial Court orders.

Conclusions:

Count 1:

180 hours' Community Service Order (equivalent to 12 months' imprisonment).

Forfeiture and destruction of the drugs is sought.

Sentence and Observations of Court:

Conclusions granted.

The Court warned O'Hara that if he came back before it on a future occasion charged with possession of Class A drugs he would almost inevitably receive a custodial sentence.

M. St. J. O'Connell, Esq., Crown Advocate.

Advocate D. Hopwood for the Defendant.

JUDGMENT

THE BAILIFF:

1. O'Hara everything has really been said by the Crown Advocate and by your counsel and I am not going to repeat it. We understand that you had a difficult start in life, but you are now nearly 30 years old and we hope that you have learned that drugs are not good for you and they are certainly not good for this community.

2. We want to make it clear to you that if you come back before this Court charged with possession of Class A drugs and you are convicted of such an offence you will almost inevitably go to prison. We hope very much that that will not happen, because the reports seem to indicate that you have turned the corner and certainly the fact that you are doing so well at Highlands College is very encouraging for the future. We hope that you will take advantage of all those things, not let your mother down again and not come back before this Court.

3. We are going to grant the conclusions. You are ordered to perform 180 hours' community service. The equivalent, if you fail to perform that community service, is 12 months' imprisonment.

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

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