Jersey Unreported Judgments

[2009]JRC151

ROYAL COURT

(Samedi Division)

30^th July 2009

The Attorney General

-v-

Karl John Bisson

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

Age:  30.

Plea: Guilty.

Details of Offence:

On 9^th December, 2008, the defendant was stopped at night exiting the car park at Mont a L'Abbe School and found in possession of 13.38 grams of cannabis resin (Count 4).  A search of his home, which he shared with his girlfriend and three young children, revealed 12 large cannabis plants, which would yield between 250 and 500 grams of dried herbal cannabis, worth between £3,125 and £6,250.  There were also six seedlings, which if grown on would have produced between 1,562 and £3,125 worth of dried herbal cannabis (Count 1).  A series of photographs were discovered, dated 2001, which showed the defendant together with a  number of cannabis plants, which it was estimated would have produced the same yield as the 12 mature plants (Count 3). 

On interview, the defendant admitted cultivation in 2001 and 2008, as well as the possession charge.

Details of Mitigation:

Guilty pleas, delay in bringing matter to Royal Court, since arrest had taken steps to deal with drug addiction.

Previous Convictions:

Previous drug-related convictions.

Conclusions:

Total: 15 months' imprisonment.

Forfeiture and destruction of drugs sought.

Sentence and Observations of Court:

Total: 210 hours' Community Service Order plus a 12 month Probation Order and Treatment Order.

Forfeiture and destruction of drugs ordered.

R. C. P. Pedley, Esq,. Crown Advocate.

Advocate E. J. Le Guillou for the Defendant.

JUDGMENT

THE BAILIFF:

1.        You cultivated cannabis plants which amounted in total, over both periods, to between 625 grams and 1.25 kilos.  You have a long-standing cannabis habit and you also have previous convictions for possession of cannabis.  It is accepted that the cannabis was largely for your own use, although you would have probably supplied some on a social basis, but there was no suggestion before us of commercial dealing.  Nevertheless, the normal result of such behaviour in the light of your previous record would be a prison sentence and the Crown's conclusions cannot be faulted. 

2.        All the reports are unanimous in saying that since your arrest back in December, you and your partner have used this as a wake up call.  There has been considerable delay since then and we wish to say we do not think there should have been such a delay between committal and Indictment. 

3.        Nevertheless you have taken good advantage of this delay.  You have attended the Alcohol and Drugs Service voluntarily and random tests performed by them have confirmed what you say, namely that you have stopped taking cannabis and other drugs since your arrest.  It is clear from the reports that you have also ceased your associations with other cannabis smoking friends, you are going to the gym, have retaken up boxing, have recently found employment and, with the help of the Housing Department, you have moved to new accommodation.  So the reports are all unanimous in saying that a prison sentence at this stage would set back the progress of the last seven months and they all contain a strong recommendation for a non-custodial sentence.  In particular the Alcohol and Drug Service recommend a treatment order which of course, would require also a probation order. 

4.        The Court has been persuaded that it should give you this chance.  The sentence is as follows.  On Counts 1, 3 and 4; a 12 month probation order combined with a 12 month treatment order on the usual conditions, these include the fact that you must be abstinent from drugs, you must attend the Alcohol and Drug Service when they say and you will be subject to random drug testing.  But you must also be punished for what you have done so on Counts 1 and 3; we impose community service of 210 hours and we say that is the equivalent of 15 months' imprisonment, which is the sentence we would have had in mind, on Count 4; 50 hours' community service, concurrent, so that is a total of 210 hours.

5.        Let me give you a warning Mr Bisson.  You have been fortunate not to be sent to prison.  You are being given a chance.  You must stick by the conditions of these sentences completely.  In other words you must attend at the Probation service when they tell you to and you must carry out such things as they tell you to.  Similarly with community service, you must turn up to do it and you must work well.  If you do not do any of those things or if you re-offend then you will be brought back here and if you are brought back there will be no alternative then but to a prison sentence.

6.        That is the sentence of the Court and we hope very much that you will take advantage of this. 

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

Authorities

Misuse of Drugs (Jersey) Law 1978.

Campbell, Molloy and MacKenzie-v-AG [1995] JLR 136.

AG-v-Harris 1994/122.

AG-v-Jeffrey 1996/007.

AG-v-Louis & Others [2008] JRC 032.