Jersey Unreported Judgments

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

[2012]JRC193A

Royal Court

(Samedi)

22 October 2012

The Attorney General

-v-

Benjamin Philip Bishop

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

Age:  22.

Plea: Guilty.

Details of Offence:

The police executed a search warrant at Bishop's home address in February 2012.  Bishop voluntarily produced a piece of cannabis resin (2.5g) from his wallet (Count 2).  Police officers also found £925 in cash as well as several small zip seal bags with a cannabis motif.  Bishop was consequently released pending further enquiries

In March 2012 Bishop, together with Liam Norris and others, were arrested by customs officers as part of a large scale operation regarding an alleged conspiracy to import commercial quantities of cannabis resin into Jersey.

Bishop was observed carrying a small brown box when he entered Norris' work premises and was later seen leaving with a white box.  Bishop and Norris were arrested and Bishop threw the white box onto the floor underneath a nearby vehicle.  The white box contained 10 slates of cannabis resin weighing a total of 1,045g.  At the time of his arrest, Norris was in possession of the brown box which contained inter alia £2,800 in cash. 

Mobile telephones were subsequently seized from both Bishop and Norris for forensic analysis.  An exchange of text messages between the two men on the evening prior to their arrests was considered by an expert witness, who concluded that the conversation was indicative of an agreement by Norris to supply Bishop with 10 slates of cannabis resin.  Bishop was ruled out of the larger conspiracy investigation and was dealt with separately from Norris and others. 

Details of Mitigation:

Bishop was still a young man at 22 years old.  References from friends and family show that he was held in high regard.  He had already served 7½ months in custody, being half of his daughter's life, which he regretted.  He was hard working when given the opportunity and had been offered a job by Durrell after his last period of community service at the Zoo. 

Previous Convictions:

Bishop was convicted of five drug related offences in 2010, including possession with intent to supply of cannabis. 

Conclusions:

The Crown invited the Court to adopt a starting point of 2 years' imprisonment. 

Total: 15 months' imprisonment.

Forfeiture and destruction of drugs sought.

Sentence and Observations of Court:

The starting point for 1kg of cannabis is 2-6 years.  The exchange of text messages demonstrate Bishop's involvement in drug trafficking.  The delay in bringing the matter to court was not material. 

Conclusions granted.

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

Advocate O. A. Blakeley for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        This is the second occasion on which you have been before the Court on a drug trafficking offence.  The Court's approach to drug trafficking offences is absolutely clear.  On this occasion you had 1.05 kilograms of cannabis and you therefore fall within the sentencing bracket where the starting point should be between 2 and 6 years' imprisonment, according to the case of Campbell Molloy & McKenzie-v-AG [1995] JLR 136. 

2.        In our view the Crown has been generous at choosing a starting point of 2 years and we think the conclusions overall are entirely right.  The exchanges by text message which we have seen in the summary of facts put before the Court demonstrate your involvement in drug trafficking. 

3.        We have taken account of everything that your counsel has said; that you are held in high regard; we have looked at your own letter of remorse and the references which have been given to us and we have taken into account also the fact that you have been in custody for some time, but we wish to say this about that particular point.  It does sometimes take time for matters to come before Court for sentence and we do not regard the delay in this case as having been material. 

4.        The conclusions are granted and accordingly you will go to prison as submitted by the Crown.  You are sentenced to 15 months' imprisonment on Count 1 and 2 weeks' imprisonment on Count 3.  They will run concurrently, making a total of 15 months' imprisonment. 

5.        I wish just to add this.  Your counsel says that you are a young man and your life is ahead of you and that is true.  You are a young man and you should learn from what has taken place today because you can be sure that if you continue along this path, you will be going to prison for very long periods of time and you will spend much longer away from your daughter and your family.  So you can take the sentence constructively or negatively.  There is much that can be done in prison and you will find that there are courses there to be undertaken and you should take advantage of them and treat the sentence constructively. 

6.        We order that the drugs should be confiscated and destroyed but the destruction should be stayed until after the conclusion of the prosecution of the case against Liam Norris. 

Authorities

Campbell Molloy & McKenzie-v-AG [1995] JLR 136.