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Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> AG -v- Allen [2011] JRC 128 (01 July 2011)
URL: http://www.bailii.org/je/cases/UR/2011/2011_128.html
Cite as: [2011] JRC 128
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[2011]JRC128
|
Before : |
Sir Philip Bailhache, Kt., Commissioner, and Jurats Le Cornu and Crill. |
The Attorney General
-v-
Peter John Allen
Sentencing by the Inferior Number of the Royal Court, following guilty pleas to the following charges:
|
1 count of: |
Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978 (Count 1). |
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1 count of: |
Possession of a controlled drug with intent to supply it to another, contrary to Article 8(2) of the Misuse of Drugs (Jersey) Law 1978 (Count 2). |
Age: 44.
Plea: Guilty.
Details of Offence:
A warrant was executed at the home address of the defendant which recovered two bags containing a large commercial amount of cannabis, which had been hidden beneath the kitchen cupboards. The first bag contained 12 bars of cannabis resin, weighing 1189.63 grams and the second bag contained 5 blocks of cannabis resin, weighing 2518.77 grams (total of 3.708.40 grams). The drugs had an estimated street value of between £37,084 and £41,440. The defendant stated he was acting as minder, having received the drugs a few weeks earlier and received small amounts of cannabis as payment for doing so (Count 2). The house search also revealed digital scales, two small lumps of brown resinous substance and an unknown quantity of white powder. Small amounts of cannabis resin totalling 2.303 grams were found in various possessions belonging to the defendant (Count 1). The Crown accepted the defendant's role was that of minder.
Details of Mitigation:
The defendant entered guilty pleas early on, co-operated with the police and expressed remorse. Letters were provided to the Court from his family supporting him. There were no recent relevant convictions (last relevant conviction was in 1995).
Previous Convictions:
Three previous convictions for 9 offences, including possession of a Class B substance with intent to supply (1995).
Conclusions:
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Count 1: |
1 week's imprisonment. |
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Count 2: |
3½ years starting point. 2 years' imprisonment, concurrent. |
Total: 2 years' imprisonment.
Forfeiture and destruction of drugs sought.
Confiscation Order in the sum of £380 sought.
Sentence and Observations of Court:
Conclusions granted.
Miss E. L. Hollywood, Crown Advocate.
Advocate J. W. R. Bell for the Defendant.
JUDGMENT
THE commissioner:
1. This Defendant has pleaded guilty to possession with intent to supply of some 3.7kgs of cannabis resin of substantial value. The Crown accepts that he was a minder holding the drugs for a third party whom he was not prepared to identify. A minder is often close to the source of supply and in this case the Defendant was trusted by someone with nearly £40,000, in street value, of this drug.
2. The Defendant has previous convictions for drug offences although the last one was in 1995. In mitigation he has pleaded guilty to the Indictment and cooperated with the investigating officers to that extent.
3. It gives the Court no pleasure to send you to prison but you knew the risks of what you were doing. You were prepared to play a part in spreading the use of cannabis to the detriment of the community and we have to punish you for what you did. We cannot find that the conclusions of the Crown Advocate are in any way at fault. The starting point is correct, the correct deductions have been made for mitigating circumstances, and the conclusions are granted and you are sentenced to 2 years' imprisonment.
4. We order the forfeiture and destruction of the drugs.
Authorities
AG-v-Welsh 2000/21.
Whelan on Aspects on Sentencing in the Superior Court of Jersey.