Jersey Unreported Judgments

[2008]JRC147

ROYAL COURT

(Samedi Division)

5^th September 2008

The Attorney General

-v-

Callum Andrew Victor Marsh

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

Age:  19.

Plea: Guilty (Counts 1, 3 and 4).  Not Guilty (Count 2 - to stay on file).

Details of Offence:

Police Officers searched a car.  Marsh was in the back and there was a bag in the foot-well in front of him.  It contained 48 ecstasy tablets.  He admitted in interview that he had originally been given 90 tablets and he had already sold 42.  He did it to pay off a cannabis debt that he owed to his supplier.  The 683 mg cannabis was found at his house, which was searched following his arrest. 

Details of Mitigation:

After his interview he named his supplier off the record.  His supplier then told Marsh that Marsh owed him the value of the drugs and had to repay him.  Marsh couldn't repay him.  The supplier (Oliver Hall) together with Daniel Woosnam and Benjamin Moody assaulted Marsh.  Marsh suffered a broken jaw, which requires surgery and metal plates to be inserted.  Marsh gave a statement covering the above and indicated that he would give evidence in open court.

Marsh's father had recently been sentenced to community service for drugs offences.  He had supplied Marsh with cannabis on occasion. 

Previous Convictions:

None, although there was a written caution for the possession of cannabis.

Conclusions:

Total:  18 months' youth detention.

The Crown would have moved for 4 years' youth detention, from a starting point of 7 years, if it wasn't for the fact that Marsh had named his supplier.

Confiscation Order in the sum of £365 sought.

Forfeiture and destruction of drugs sought.

Sentence and Observations of Court:

Total:  12 months' Probation and 240 hours Community Service Order, Community Service Order to be completed within 12 months.

Confiscation Order in the sum of £365 ordered.

Forfeiture and destruction of drugs ordered.

R. C. L. Morley-Kirk, Crown Advocate.

Advocate A. D. Field for the Defendant.

JUDGMENT

Commissioner:

1.        The defendant has pleaded guilty to supplying and possession with the intention of supplying ecstasy tablets.  The total number of tablets is 90.  For his own cannabis, and more recently ecstasy, use he had become involved with a local drug dealer with whom he had amassed a debt of £100.  The dealer offered him to pay off this debt by selling the ecstasy tablets to which he impulsively, and now with great regret, agreed.

2.        We have been referred to Bonner and Noon -v- AG [2001] JLR 626 which gives a starting point of 7-9 years for 1-500 ecstasy tablets.  Given the number of tablets, the Crown puts the defendant towards the lower end of the scale and moves for a starting point of 7 years. 

3.        The defendant is 18 and therefore the provisions of the Criminal Justice (Young Offenders) (Jersey) Law 1994 apply.  He is of good character and pleaded guilty to all of the counts at the earliest opportunity.  He was found in possession of 48 tablets and wrote his own indictment in relation to the supplying of the remaining 42, which is Count 4.  We have seen the letter from his mother, his employer and the other references and, of course, we have considered very carefully the helpful reports. 

4.        We agree with Advocate Field that there are unusual and exceptional features in this case.  Firstly when 14-15 the defendant became aware that his father used illicit drugs, and when he was 17 his father supplied him with cannabis from time to time.  We utterly deprecate the father's conduct which we feel may well have encouraged his son down the path which led him to this Court.  We note that the father was convicted of supplying 1 kilo of cannabis to others, including his own son, but avoided the sentence of 6 months' imprisonment moved for by the Crown, receiving a sentence of 180 Community Service.  Secondly the dealer blamed him for the loss of these tablets seized by the Police and demanded payment of £800.  When at a friend's house, he was told that the dealer was outside and wanted to see him.  He was then set upon and assaulted.  His jaw was broken, requiring surgery and the insertion of metal plates.  The perpetrators have been arrested and are currently remanded in custody.  Thirdly, when arrested he informed the Police, off the record, of the identity of his supplier and has now named him in open Court.  He has also confirmed that he will give evidence against those who assaulted him should it be necessary. 

5.        The Crown acknowledges these unusual and exceptional features but weighs in the balance the harm done to society by the distribution of Class A drugs and therefore concludes that a custodial sentence can not be avoided.  We too are mindful of the harm caused by this trade but the Courts have repeatedly made it clear that as part of the fight against this harmful and illicit trade, it will reward a defendant who has the courage to name his supplier particularly when that is done in open Court.  That, combined with the defendants youth, his good character, his guilty plea and cooperation, the role of his father and the injuries he has suffered, enables us to avoid a custodial sentence.  However, whilst we accept that the mitigation here is both unusual and exceptional, the supplying of ecstasy is very serious and must be punished and we will therefore be sentencing the defendant to a substantial period of community service.

6.        Mr Marsh, you are sentenced as follows; on count 1; 12 months' probation.  This will be subject to the usual conditions but for the avoidance of doubt, one of the conditions will be that you will attend any programmes that the Probation Officer deems appropriate.  You are also sentenced to 240 hours Community Service which is the equivalent of 18 months' imprisonment, to be completed within 12 months. On count 3; no separate penalty will be imposed.  On count 4; 12 months' probation on the same conditions, concurrent.  You are also sentenced to Community Service of 240 hours to be completed within 12 months, concurrent, which is the equivalent to 18 months' imprisonment.  Therefore the total is 12 months' Probation and 240 hours Community Service to be completed within 12 months which is the equivalent of 18 months' imprisonment.

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

Authorities

Bonner and Noon -v- AG [2001] JLR 626.

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