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Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> AG -v- Rousseau [2010] JRC 155 (27 August 2010)
URL: http://www.bailii.org/je/cases/UR/2010/2010_155.html
Cite as: [2010] JRC 155
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[2010]JRC155
ROYAL COURT
(Samedi Division)
27th August 2010
|
Before : |
W. J. Bailhache, Q.C., Deputy Bailiff, and Jurats Morgan and Fisher. |
The Attorney General
-v-
David Gary Yves Rousseau
Sentencing by the Inferior Number of the Royal Court, following guilty pleas to the following charges:
|
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: |
Supplying a controlled drug, contrary to Article 5(b) of the Misuse of Drugs (Jersey) Law 1978 (Count 2). |
Age: 24.
Plea: Guilty.
Details of Offence:
Rousseau was seen behaving suspiciously in the street on 27th April, 2010, in the company of Dale Brockbank. Both were arrested and searched. Brockbank had a small amount of cannabis on him. Rousseau later admitted in interview that he had supplied this to him on the basis that they shared it as friends.
Rousseau's room in a shelter was searched by police and 812grams of herbal cannabis was found. Initially he denied knowing it was there but eventually he admitted that he was looking after it for another whom he would not name, and said that he was due to be paid £2000 for doing so.
Given the supply to Brockbank the Crown were sceptical as to this account but took the view that little turned on it. In the absence of other evidence to the contrary, the Crown were prepared to proceed on the basis of the account given.
Details of Mitigation:
Guilty plea; expressed remorse (Letter to the Court).
Previous Convictions:
Jersey.
Long record consisting of various offences including motoring offences, public order offences, fraud, larceny and most serious, robbery. Four convictions for drugs offences including possession and supply.
Conclusions:
|
Count 1: |
15 months' imprisonment. |
|
Count 2: |
1 month's imprisonment, concurrent. |
Total: 15 months' imprisonment
Forfeiture and destruction of drugs sought.
No Confiscation Order sought.
Sentence and Observations of Court:
The Court is disappointed to see you back so soon after your release from prison for robbery. You are not stupid; the Court's policy on sentencing for drugs is well known to you. Your letter to the Court is good; well written and expresses remorse. You are only 24. You have a choice. Your life does not have to be like this. Reflect on this whilst in prison.
Conclusions granted.
S. M. Baker, Esq., Crown Advocate.
Advocate C. M. Fogarty for the Defendant.
JUDGMENT
THE DEPUTY BAILIFF:
1. Mr Rousseau the Court is disappointed to see you back again so soon after your release from the sentence which you have served for robbery. Now it is clear from the circumstances of these offences that although it is said you were a minder, your involvement in drug trafficking was reasonably significant and we have noted the case of AG-v-Hare (a.k.a. Le Cocq) [2004] JRC 026 which we apply. We think there might have been grounds for taking a higher starting point in the light of that but we are prepared to adopt the Crown's submission of 2 years as the appropriate starting point in this case.
2. The Court's policy for sentencing for drug trafficking offences is well known to you. As your counsel says you are not stupid. I must say you have written us a good letter, it shows common sense and acceptance and indeed some remorse, but nonetheless you are to be sentenced for what you have done and in those circumstances we have looked carefully at the mitigation which is available, which is really limited to your guilty plea as the most important part; the remorse that you have expressed and the amount of personal mitigation which is shown in the reports.
3. In the circumstances we are going to grant the conclusions of the Crown and you are sentenced to 15 months' imprisonment on Count 1 and I month's imprisonment, concurrent on Count 2.
4. We order the forfeiture and destruction of the drugs.
5. You are only 24. You have a choice in life. Your life does not have to be like this. You have got a dreadful record considering your age and in the time that you have in prison you really do need to reflect on these things. It has been said that you are going to continue your A-level studies, and that seems a very sensible thing to do. If you are released from prison before the examinations come to be taken, which is very possible, there is nothing stopping you from taking them thereafter. Arrangements can be made for that to happen but it is your choice. No-one else can live your life for you.
Authorities
AG-v-Hare (a.k.a. Le Cocq) [2004] JRC 026.
Welsh-v-AG 2002/72.