Jersey Unreported Judgments

Inferior Number Sentencing - drugs possession - supply and possession with intent to supply - Class B.

[2012]JRC064

Royal Court

(Samedi)

23 March 2012

The Attorney General

-v-

Christopher John Cornick

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

Age:  25.

Plea: Guilty.

Details of Offence:

The defendant purchased a 1 kilogram block of cannabis resin for £8,600 intending to sell it for £10-12 per gram, to cover the costs of the purchase and generate a profit of between £1,400-3,400. 

On 20^th September, 2011, the police searched his home and recovered a bar of cannabis resin weighing 529.73 grams in a bag with £648.01 in cash, seven smaller blocks of cannabis weighing in total 172.88 grams, two smaller pieces of cannabis weighing in total 3.2 grams, weighing scales, a resin stained knife, and deal lists.  The total weight of cannabis recovered weighed 705.84 grams. 

During interview the defendant said that the recovered cannabis was the remainder of the 1 kg block.  He had already sold around 292 grams and the £648.01 had come from the sales.  The two smaller pieces of cannabis were for his personal use.  Telephone analysis supported the admissions of the defendant and showed that many people had contacted him with a view to purchasing the drug. 

Details of Mitigation:

Early guilty pleas - full third credit given.  No previous drugs convictions.  Good work record and references.  Continuing support of his family. 

Previous Convictions:

8 previous convictions for inter alia breaking and entering, taking and driving away a motor vehicle, common assault, larceny, breach of probation and breach of community service. 

Conclusions:

Having had regard for all the mitigation available and the amount of cannabis involved, the Crown concluded that there were no exceptional circumstances to cause the Court to depart from its strict custodial sentencing policy in relation to drug trafficking offences and moved for the following sentences:-

Total: 12 months' imprisonment.

Confiscation Order in the sum of £648.01 sought.

Forfeiture and destruction of the drugs sought.

Sentence and Observations of Court:

The defendant had admitted being concerned in the supply of cannabis.  Drug trafficking offences are serious and the offence merits prison.  However, the Court had regard for the content of the background reports.  The defendant was substantially of good character.  The guilty plea was of value.  The Court decided to take a chance but warned the defendant that if he failed to comply with the court orders he could be brought back before the Court and could expect to receive a substantial prison sentence.

Total: 200 hours' Community Service Order plus a 12 month Probation Order.

The Court declared that the defendant had benefited from drugs trafficking in the sums of £648.01 and made a Confiscation Order in that sum.

Forfeiture and destruction of the drugs ordered.

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

Advocate C. R. Baglin for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        On 20^th September last year the police executed a drugs warrant at your home.  They found 708 grams of cannabis; some electronic scales; a knife stained with what appeared to be cannabis resin; some deal lists and £648 in cash.  The street value of cannabis was between £7,080 and £8,496.  You have also admitted being concerned in the supply of cannabis because you had been dealing up to some 290 grams of cannabis to that time and you have admitted therefore being concerned in the supply and possession of cannabis with intent to supply.  These are drug trafficking offences which the Court treats extremely seriously. 

2.        As the Crown has said, the usual approach is to apply what are called the Campbell guidelines in which case we would have started with a custodial sentence starting point of 2 years' imprisonment.  You have committed an offence which merits prison.  You have supplied, and would be supplying, people of your own age, maybe introducing some of them to these drugs.  However, on this occasion the Court has had regard to everything which is in the background reports and to what your counsel has said.  We have noted your guilty plea, and we have noted the value of the guilty plea especially in relation to the first Count on the Indictment.  We have certainly noted the fact that you are substantially of good character, and I say that because although you have committed some juvenile offences, they were committed some time ago and there were the additional personal circumstances which affected you last year. 

3.        We are going to take a chance with you and put you on probation for 12 months.  We are going to sentence you to 200 hours' of community service.  That is the equivalent of 14 months' imprisonment and it is a community service that you must do.  Serve it you must.  It is not in any sense a let off.  If you do not serve your community service you will be brought back to this Court and you can be sentenced again for the offences you have committed.  Similarly, if you breach any of the terms of your Probation Order you can be brought back to this Court and I should make it plain that some of the terms of your Probation Order will be that you complete any work as directed by the Probation Service and that you abstain from all illegal and non-prescribed drugs which will be confirmed by random and routine drug tests.  You will be expected to comply with all those requirements. 

4.        I should warn you that if there is any further activity of this kind it will not only be a prison sentence but it will be a long prison sentence, and also that you are going to face some substantial challenges after this sentence is imposed.  You are going back into the community and those who have been serving you up with drugs are going to come and pressurise you to buy again; and you will be no doubt pressurised by the supplier of these particular drugs who will want to get paid.  I just warn you that if you allow yourself to get into that position, if you go back into supplying drugs, you will find the Court will not cut you any slack at all next time around.  You must be aware of that.  The onus is on you to take this chance that is being offered to you and it is being offered to you substantially because you have the chance of some employment, and in these circumstances we think that it is worth taking that chance with you.  You are being trusted. 

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

Authorities

Campbell-v-AG [1995] JLR 136.