Jersey Unreported Judgments

[2009]JRC203

ROYAL COURT

(Samedi Division)

23^rd October 2009

Before     :

Sir Philip Bailhache, Kt. Commissioner and Jurats King and Newcombe.

The Attorney General

-v-

Brian David Magrath

Leila Magrath

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

Brian David Magrath

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 1).
1 count of:	Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978 (Count 2).
1 count of:	Supplying a controlled drug, contrary to Article 5(b) of the Misuse of Drugs (Jersey) Law 1978 (Count 3).

Age:  64.

Plea: Guilty.

Details of Offence:

The two defendants were father and daughter.  Police executed a drugs warrant at the defendants' home address.  Leila Magrath surrendered a total of 57 grams of herbal cannabis (Count 2) from her room, with a value of around £560, together with £1,137 in cash.  In Brian Magrath's room the Police seized a total of 542.57 grams of cannabis resin (Count 2) with a value of £3,235 together with £3,120 in cash. 

Leila Magrath later admitted that it had been her intention to supply an ounce of the herbal cannabis to fund her own habit (Count 1).  She could not explain the provenance of some £470 of the money found in her room.  Brian Magrath maintained that the cannabis resin was entirely for his own use, and said he had been smoking the drug for 35 years.  He did however admit that he had given small amounts of cannabis to Leila in the past (Count 3), and would have done so again in the future (Count 1).  He thus admitted to social supply of the drug on those two counts.  Brian Magrath explained that the cash found in his room represented his life savings, as he did not have a bank account.  He denied knowledge of his daughter's involvement in the sale of cannabis. 

Details of Mitigation:

Guilty pleas, co-operation, good work record, now drug free.

Previous Convictions:

12 previous convictions including a previous supply of cannabis in 1983, for which he was sentenced to 9 months' imprisonment.

Conclusions:

Count 1:	3 months' imprisonment.
Count 2:	6 months' imprisonment, concurrent.
Count 3:	3 months' imprisonment, concurrent.

Total:  6 months' imprisonment.

Forfeiture and destruction of drugs sought.

Confiscation order in the sum of £1,030 sought.

Sentence and Observations of Court:

The Court was greatly concerned that Brian Magrath had encouraged his daughter's cannabis use and said that he had come perilously close to custody.

Count 1:	90 hours' Community Service Order or 3 months' imprisonment in default.
Count 2:	120 hours' Community Service Order or 6 months' imprisonment in default plus an 18 month Probation Order together with a 12 month Treatment Order, concurrent.
Count 3:	90 hours' Community Service Order or 3 months' imprisonment in default, concurrent.

Total:  120 hours' Community Service Order or 6 months' imprisonment in default plus an 18 month Probation Order and a 12 month Treatment Order.

Forfeiture and destruction of drugs ordered.

Confiscation order in the sum of £1,030 ordered.

Leila Magrath

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

Age:  19.

Plea: Guilty.

Details of Offence:

See Brian Magrath above.

Details of Mitigation:

Guilty pleas, co-operation, youth, carer for parents, good work record and charity work, now drug free.

Previous Convictions:

4 previous convictions including possession of cannabis in 2007.

Conclusions:

Count 1:	90 hours' Community Service Order or 4 months' youth detention in default.
Count 2:	70 hours' Community Service Order or 2 months' youth detention in default, concurrent.

Plus a 12 month Binding Over Order and 12 month Treatment Order.

Total:  90 hours' Community Service Order or 4 months' imprisonment in default plus a 12 month Binding Over Order and a 12 month Treatment Order. 

Forfeiture and destruction of drugs sought.

Sentence and Observations of Court:

Conclusions granted.

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

Advocate C. R. Baglin for B. D. Magrath.

Advocate S. A. Pearmain for L. Magrath.

JUDGMENT

THE commissioner:

1.        Brian Magrath, you were found in possession of a relatively large quantity of cannabis resin but the Court has accepted your explanation that it was essentially for your personal use and we are sentencing you on that basis. 

2.        What has greatly concerned this Court is the fact that you encouraged your daughter to engage in this illicit behaviour and encouraged her to smoke cannabis at a stage when she was very young and vulnerable.  It was an irresponsible and stupid thing to do and we hope very much that you understand that.  In one sense it could be said that you have been rather lucky that you have not come to the attention of the authorities before, having regard to your admission as to the length of time that you have been engaging in the smoking of cannabis. 

3.        On the other hand we have been impressed by the reports that we have received of your attempts to overcome your addiction to cannabis.  You have come perilously close to a custodial sentence and I have to warn you that if, as a result of the sentence which we are about to impose, it subsequently comes to the attention of the authorities that you are continuing to take cannabis it is extremely probable that you will end up in custody.  We are going to avoid that this morning and we are going to accept the recommendation of the Probation Service. 

4.        We are going to place you on probation for a period of 18 months and there will be a condition that you attend for 12 months at the Alcohol and Drug Service in accordance with instructions that you will receive from them.  We are also going to order you to perform 120 hours of community service to the satisfaction of the Community Service organiser and we state that the equivalent custodial sentence is one of 6 months' imprisonment.

5.        Leila, we want you to understand that dealing in drugs is a very serious offence.  Dealing in cannabis can lead you into contact with very much more unpleasant drugs and generally speaking, if you had been an adult, the Court would have been considering a custodial sentence.  We are satisfied there is another way of dealing with you this morning and we are not going to send you to youth detention.  But, as with your father, I want to give you a very clear warning that if you slip back into the use of cannabis in the future there is a very real possibility that you will end up in custody.  Now we think that you are capable of much better things than that.  We were very impressed by the report which we received from your headmistress and we are impressed by the voluntary service that you are doing at Autism Jersey and by the attempts that you are making to improve yourself by doing the IT course.  We want to encourage you to do those things because if you do, and you keep away from cannabis in the future, we are confident that you can make a great success of your life.  We want you to do that because you have had a very hard start in life, as we understand. 

6.        We are going to sentence you to 90 hours' Community Service on Count 1 with the equivalent of 4 months' youth detention if you do not perform that satisfactorily, 70 hours' Community Service on Count 2, concurrent, the equivalent of 2 months' youth detention and we are going to bind you over for a period of 12 months to be of good behaviour and that means what I have just explained to you.  It is a condition of the Binding Over Order that you attend at the Alcohol and Drug Service for drug counselling and testing as they may require you to do. 

7.        We finally make a confiscation order in the sum of £1,030 which was not opposed.  

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

Authorities

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

Campbell and Others-v-AG [1995] JLR 136.

Morgan and Schlandt-v-AG [2001] JLR 225.