Jersey Unreported Judgments

[2007]JRC246

ROYAL COURT

(Samedi Division)

21^st December 2007

Before     :

F. C. Hamon, Esq., O.B.E., Commissioner, and Jurats de Veulle and Clapham.

The Attorney General

-v-

Damian Lee Tennet

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

First Indictment

3 counts of:	Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978.  (Counts 1-3).
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).

Second Indictment

1 count of:

Possession of a controlled drug, contrary to Article 8(2) of the Misuse of Drugs (Jersey) Law 1978.  (Count 1).

Age:  20.

Plea: Guilty.

Details of Offence:

In the evening of Friday 15^th June, 2007, police officers spoke to two males standing in the toilet area in Liberation Square.  The first was seen to be rolling a joint, so both were searched.

A search of the defendant revealed 7 white ecstasy tablets rolled up in cigarette paper inside a cigarette packet which he was holding.  When asked, the defendant said they were "ecstasy" (Count 1 - First Indictment).

The next morning the defendant's home address was searched.  Officers found 350 milligrams of cannabis resin (Count 2) and 29 white ecstasy tablets (Count 3).

During interview, the defendant admitted possession of ecstasy but initially denied the offence of supply.  Eventually he stated that he had been looking after the drugs for a friend and was intending on giving them back when the friend asked for them (Count 4).  He stated that he had received the 7 tablets in payment for this from his friend.

In the evening of Saturday 22^nd September, 2007, police officers spoke to four males sitting in a Honda Civic parked a the side of a road.  The driver was identified as the defendant and the officers could smell cannabis on him.

When asked, Tennet denied smoking cannabis but stated that he had been in the presence of someone who had smoked cannabis earlier on that day.  The defendant and his car were searched.

Officers found three hand rolled cigarette ends and one unused hand rolled cigarette ends and one unused hand rolled cigarette.  All were seized and subsequent analysis showed that they contained a total of 22 milligrams of cannabis resin (Count 1 - Second Indictment).

During interview, the defendant admitted being in possession of a controlled substance.

Details of Mitigation:

Guilty pleas (wrote own indictment on Count 4), youth, technical supply, no commercial gain, good employment record, remorse.

Previous Convictions:

9 previous convictions for 19 offences including 1 for possession of cannabis.

Conclusions:

First Indictment

Count 1:	6 months' youth detention.
Count 2:	2 weeks' youth detention, concurrent.
Count 3:	Fallen away.
Count 4:	2 years' youth detention, concurrent.

Second Indictment

Count 1:

2 weeks' youth detention, consecutive.

Total: 2 years' and 2 weeks' youth detention.

Forfeiture and destruction of drugs sought.

Sentence and Observations of Court:

First Indictment

Count 1:	240 hours' community service.
Count 2:	240 hours' community service, concurrent.
Count 4:	240 hours' community service, concurrent.

Second Indictment

Count 1:

240 hours' community service, concurrent.

Total: 240 hours' Community Service, alternative to 18 months' youth detention.

Forfeiture and destruction of drugs ordered.

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

Advocate D. Gilbert for the Defendant.

JUDGMENT

THE commissioner:

1.        Tennet is charged with four drug offences, the most serious of which is that on 16^th June, 2007, he pleaded guilty to being in possession of ecstasy with intent to supply.  The Crown Advocate has summarised the case very adequately and it appears that when police were carrying out a search of the toilets in Liberation Square, late at night, two men were found in the doorway of one of the toilets.  One of the accused has since been dealt with, but he told police that he was rolling a 'spliff'.  Drugs were found on this man.  More seriously, when searched, Tennet had 7 ecstasy tablets on him and later, at his home address, they found 29 ecstasy tablets and 350 milligrams of cannabis resin were found in a wooden box on a bedside cabinet. 

2.        He, eventually, admitted to intent to supply to a friend, whom he hasn't named, for whom he says he was looking after the drugs, and he pleaded guilty at the Magistrates Court on 5^th September.  It was only on 22^nd September, some days later when he was found sitting in a car with others and appeared to be under the influence of drugs.  3 hand rolled cigarette ends were discovered in the ashtray and one unused hand rolled cigarette was located under the front passenger floor mat.  They totalled 22 milligrams of cannabis resin.  He is charged with three counts on the first indictment, count 3 falls away.

3.        At 20 years old he has 9 previous convictions, including one last year for possession of cannabis and he was fined for that offence.  We have carefully read the Social Enquiry Report where Tennet is assessed at being at a medium risk of re-offending.  We have also read the Alcohol and Drugs Report which shows that he has a history of illicit drug use and binge drinking.  Mr Gafoor makes no treatment recommendations.  The Probation Service recommends a Community Service Order. 

4.        This Court must have regard to Article 4(2) of the Criminal Justice (Young Offenders)(Jersey) Law 1994 which states that a Court shall not pass a sentence of youth detention unless it considers that no other method of dealing with that person is appropriate, and one of the considerations is that the nature of the offence is so serious that the only option is to impose a sentence of youth detention.  Bonnar and Noon v AG [2001] JLR 626 sets a starting point of 7-9 years for supplying between 1 and 500 tablets of a Class A drug.  Of course this present case is at the lower end of the scale and the authorities have no way, of course, of checking the veracity of his story.  In Welsh v AG [2002] JLR N 16, the Court referred to the English case of R v Harris [1998] 1 Cr. App. R. (S) 38 which stated that:-

"...a minder is not so far short, on the scale of seriousness, of the dealer himself..."

Of course Tennet has agreed the facts. 

5.        In mitigation, Tennet wrote his own indictment and he has good employment with his father's firm.  However he was on bail when he committed his last offence.  We have read all the letters in the defendant's bundle, including the unsigned typed letter that we are assured he typed himself.

6.        This is your first appearance before the Royal Court.  The amount of ecstasy tablets is relatively small and we have carefully weighed in the balance all the alternatives.  It says much that you are still young and that is in your favour.  We are going to take what we consider to be a very unusual step of sentencing you to 240 hours' of community service.  That is the equivalent of 18 months' youth detention.  The community service will be difficult and if you break it the only alternative is that sentence of 18 months.  Bear that in mind and keep on putting your life in order because otherwise there is very little hope once you reach the age of 21.

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

Authorities

Criminal Justice (Young Offenders)(Jersey) Law 1994.

Bonnar and Noon v AG [2001] JLR 626.

Welsh v AG [2002] JLR N 16.

R v Harris [1998] 1 Cr. App. R. (S) 38.