Jersey Unreported Judgments

Inferior Number Sentencing - drugs - possession - Class A.

[2011]JRC236

Royal Court

(Samedi)

16 December 2011

The Attorney General

-v-

Luis Sousa Rebelo

Sentencing by the Inferior Number of the Royal Court, following a guilty plea to the following charge:

Age:  19.

Plea: Guilty.

Details of Offence:

Rebelo found 76 tablets in a clear plastic bag next to the toilet in the Havana Club.  He put them in his pocket and forgot about them until closing time (approximately 40 minutes later).  As he was leaving the club, police officers who were outside suspected him of being involved in an altercation and as they moved in to talk to him, Rebelo threw the bag of tablets into a nearby bin.  There was no evidence of any intent to supply the drugs socially or otherwise and there was no evidence that he intended to use the drugs himself. 

Details of Mitigation:

Guilty plea accepted early on in the proceedings.  He was 19 and therefore had to be sentenced in accordance with Article 4 of the Criminal Justice (Young Offenders)(Jersey) Law 1994.  He did not have a history of failure to respond to non-custodial penalties and on the accepted facts the offence was not so serious as to mean that only a custodial sentence would be appropriate.  He had lost his job due to these offences but since the court proceedings had found employment. 

Previous Convictions:

One set in 2010 for four offences - illegal entry, break and entry, larceny from a vehicle and possession of cannabis. 

Conclusions:

Forfeiture and destruction of the drugs sought.

Sentence and Observations of Court:

The Learned Deputy Bailiff observed that if there was a problem with the performance of the community service, if Rebelo did not do as he was told, or did not turn up when he was supposed to, he would be liable to be brought back and sentenced again and it is very likely that he would be sent to youth custody. 

Conclusions granted. 

Mrs R. C. L. Morley-Kirk, Crown Advocate.

Advocate R. Tremoceiro for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        You are here to be sentenced for possession of ecstasy which is a Class A drug.  You were found with 76 tablets in your possession.  You told the police that you found those in a nightclub and you put them in your pocket.  You suspected they were drugs. 

2.        Where there is a guilty plea to a charge of this kind the Court's policy is to consider imposing a custodial sentence.  In AG-v-Buesnel 1996/150 the Superior Number of this Court laid down guidelines which we apply today.  One of those guidelines is that where the simple possession charge concerns a significant amount of drugs, a custodial sentence is usually imposed, and that is the position here because you had a significant quantity of drugs on you.  But here, because of your age, we have to consider also the effects of the Criminal Justice (Young Offenders)(Jersey) Law 1994.  That Law charges us not to impose a custodial sentence on you unless one or more of the criteria which are set out in the Law applies.  The Court is clear that none of those criteria applies here.  So the effect of the Law is that we should be looking to avoid a custodial sentence.  That is only because of your age, because we accept that young people make mistakes.  But you should be aware that possession of a Class A drug is a very serious offence.  This conviction stands on your record.  You know already that trouble of this kind can have a direct effect on your chances of employment.  You need to grow up quickly.  At the age of 19 you should know better but you must learn from this experience today.  You have had good references and the support of your family and we do not expect to see you in this Court again. 

3.        In accordance with the Crown's conclusions you are sentenced to 180 hours' community service and in accordance with the Law we have to tell you that that is the equivalent of 12 months' youth detention.  If there is any problem in the performance of the community service, if you do not do as you are told by the community service manager, if you do not turn up when you are supposed to turn up, you will be liable to be brought back to this Court and sentenced again for this offence and very likely you will be sent to youth custody. 

4.        We also order the forfeiture and destruction of the drugs. 

Authorities

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

AG-v-Buesnel 1996/150.