Jersey Unreported Judgments

[2009]JRC178

ROYAL COURT

(Samedi Division)

4^th September 2009

The Attorney General

-v-

Ashley Geoff Osmand

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

Age:  18.

Plea: Guilty.

Details of Offence:

Police attended at premises at which Osmand was residing in connection with another matter.  During a search a tin was found containing nine tablets suspected of being ecstasy tablets.  Osmand readily admitted that the tin and its contents belonged to him.  In interview he admitted having recently purchased thirty ecstasy tablets for his own use and he also sold some to a friend.  He admitted to being a regular user of cannabis.  Upon forensic analysis it was ascertained that the tablets were not in fact ecstasy but were BZP tablets.  These tablets were originally manufactured for worming in animals but they had the appearance and the effects of mimicking ecstasy tablets.  They were, therefore, sold at the same value as ecstasy tablets i.e. £10 per tablet.

A forensic analysis of Osmand's mobile phone revealed texts showing that on a specified date he had supplied cannabis and that between a period of some three days he had also supplied ten ecstasy tablets to one person.

In a further interview he denied supplying and retracted earlier admissions but prior to sentencing, via Counsel, he admitted the supply of cannabis on one occasion and the supply of approximately ten to fifteen ecstasy tablets for the purpose of funding his own habit. 

Details of Mitigation:

Substantial mitigation available.  Early admission that the contents of the tin belonged to him.  Fully co-operative in interview.  Made admissions amounting to "writing his own Indictment" to Counts 2 and 3 on the Indictment.  He pleaded guilty on the first occasion.  Youth; previous good character; offences out of character.  Expressed remorse and produced very supportive references from family and friends.

The Crown, after careful consideration of all relevant matters including the information contained within the documents before the Court reached the conclusion that an immediate custodial sentence could be avoided.

The Defence did not oppose the Crown's conclusions.

Previous Convictions:

None.

Conclusions:

Total:  120 hours' Community Service Order or 6 months' youth detention in default and a 12 month Probation Order with Treatment Order.

Forfeiture and destruction of drugs sought.

Sentence and Observations of Court:

The defendant had purchased thirty tablets which he thought were ecstasy but in fact turned out to be BZP.  He had supplied ten to fifteen tablets to friends and on one occasion supplied cannabis.  Normally these serious offences would result in prison.  In this case the defendant was only 18, he had never previously offended, had attended the Alcohol and Drugs Service voluntarily and he had strong recommendations for a non-custodial sentence from the Probation Department and the Alcohol and Drugs Service.  The Court had read the references and noted that he had his family's support.  The Court was satisfied that Osmand was determined not to re-offend and the Court hoped that he was right in that belief. 

The Crown had moved for a non-custodial sentence despite the seriousness of the offences and the Court had concluded that it would not send the defendant to youth detention on this occasion.  The Court was going to follow those conclusions.  The defendant was given a warning that he must comply with the orders and if he breached or re-offended than he would be brought back before the Court and very likely he would be sent to youth detention.  The Court did not want to see him before them again.

Conclusions granted.

Forfeiture and destruction of drugs ordered.

J. C. Gollop, Esq., Crown Advocate.

Advocate S. A. Pearmain for the Defendant.

JUDGMENT

THE BAILIFF:

1.        Osmand, you bought thirty tablets of what you thought was ecstasy.  In fact they were BZP and you admit that you supplied ten to fifteen of these to friends in order to help fund your habit and you also, on one occasion, supplied some cannabis. 

2.        I have to tell you that normally such offences result in a prison sentence.  But in your case, you are only 18, you have never offended before, you have been attending the Alcohol and Drug Service voluntarily prior to today, and there are strong recommendations from the Probation Service and the Alcohol and Drug Service that we should not send you to youth detention.  We have read the references and it is clear that you have the support of your family and it is good that they are here in Court today to show their support for you and we are satisfied that you are determined to put this whole episode behind you.  We hope that we are right in that belief but, given that the Crown also is moving for a non-custodial sentence, we think that on this occasion, despite the seriousness of what you did, we can proceed by way of not sending you to youth detention. 

3.        We are going to grant the conclusions of the Crown because what you require, in our judgment, is the assistance of a Probation or Treatment order but you must also be punished by way of Community service.

4.        The sentence of the Court is as follows, on Count 1; 120 hours' Community Service and we say that the alternative sentence we had in mind would be 6 months' youth detention.  On Count 2 there is a Probation Order for 12 months with a Treatment Order for the same period on the usual terms.  This means you must attend the Alcohol and Drug Service when directed and you must comply with all the measures they tell you and similarly with Probation; and on Count 3 we impose a 12 month Probation Order and Treatment Order, concurrent. 

5.        I repeat you must comply with all these.  If you do not turn up for the community service and undertake it properly or if you do not turn up for meetings with your Probation Officer and do what they tell you or if you do not turn up for the Drug and Alcohol and do what they tell you, then you will be in breach of this order and then you will be brought back here and at that stage it is very likely we would have to send you to youth detention.  So you must comply with all the directions and conditions which are imposed on you by Probation or by Alcohol and Drug or by the Community Service Order.  We hope we do not see you before us again.

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

Authorities

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