Jersey Unreported Judgments

Inferior Number Sentencing - drugs - production - possession - possession of utensils - Class A and B.

[2012]JRC233

Royal Court

(Samedi)

14 December 2012

The Attorney General

-v-

Jean-Paul Belhomme

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

Age:  39.

Plea: Guilty.

Details of Offence:

A drugs warrant was executed at the defendant's home address.  Officers found a specialised growing tent in the bedroom containing four mature cannabis plants, one smaller plant, seedlings and cuttings.  Also found were dried leaves and other herbal material and 19.37g of dried mushroom material ("magic mushrooms") containing Psilocybin.  The tent had a 600w lamp, a fan, a thermometer and a length of ducting linked to a filter. 

Additionally, officers found bags of soil, plant pots, rooting powder, gardening tools, a canister of carbon dioxide, a pot containing soil and a stump of a stalk, a bottle of liquid food and a bottle of nutrient. 

The defendant's mobile phone did not reveal evidence of drug related activity.

The defendant admitted possession of cannabis and cultivation of cannabis but only for his own use.  The defendant also admitted that he picked the "magic mushrooms" from a field for his own personal use. 

The police drugs expert stated that the venture, as discovered, could reasonably yield approximately 540g per growing cycle carrying a potential value of £10,000-12,500.  A defence expert estimated that the yield could vary with a typical yield for such a tent falling at around 300g. 

The total weight of the cannabis seized excluding the plants, seedlings and cuttings was 75.38g.  The States of Jersey Police drugs expert opined that just less than 10g of this material, might be considered as a product immediately suitable for use.  This would have a value of £200-250 if sold. 

The police drugs expert stated that the "magic mushrooms" were not a commercial commodity per se and there is insufficient case-specific information to allow the application of a monetary value. 

Details of Mitigation:

The defendant had pleaded guilty and was generally cooperative with police. 

Previous Convictions:

The defendant had been convicted of six previous offences.  Three of these were for being in possession of a controlled drug, namely cannabis, in 1995 and 1997 and ecstasy in 2002.

Conclusions:

Total:  8 months' imprisonment. 

Forfeiture and destruction of the drugs and paraphernalia sought.

Sentence and Observations of Court:

Total:  140 hours' Community Service Order, equivalent to 8 months' imprisonment, plus a 12 month Probation Order. 

Forfeiture and destruction of the drugs and assorted paraphernalia ordered.

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

Advocate J. M. Grace for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        Mr Belhomme, you are here to be sentenced on an Indictment to which you have pleaded guilty, which contains four counts.  The Crown has moved for concurrent sentences and we are proposing to deal with the matter with concurrent sentences. 

2.        The two serious counts on the offence of possession of a Class A drug for personal use and the production of cannabis; the production of cannabis is a serious offence.  It adds to the amount of this unlawful drug which is available in the marketplace and it is for that reason that the production of cannabis is treated as a drug trafficking offence.  It is similar to the importation of cannabis and, as I say, the Court treats that seriously.  This was a carefully planned operation.  Nonetheless the Court accepts that the cannabis was for your personal use and we think that having regard to your guilty plea and all the circumstances of this case, it is unnecessary to go into them, that it is appropriate to deal with this case by way of a Community Service Order. 

3.        Accordingly we are going to order that you serve 140 hours' community service and go on probation for 1 year, concurrent on Counts 1 and 2, and on Count 3, which is a relatively minor matter, you will be sentenced to 10 hours of community service or 1 week's imprisonment, and it will run concurrently, and the same on Count 4.  As far as the Community Service Order of 140 hours is concerned the alternative would have been 8 months' imprisonment as the Crown has moved.  So I must warn you that if you do not perform the Community Service you will be brought back to this Court and you can be sentenced again for the offences which you have committed.  You have a serious problem with your use of cannabis and the law is to be respected and to be enforced.  I must warn you that if you do not take the advantages that are being offered to you through the Probation Service now and pay heed to the Community Service Order and the fact that you are lucky not to be sentenced to custody on this occasion, if you do not pay attention to that, then it is almost certain that you are going to be in custody on the next occasion. 

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

Authorities

AG-v-Jeffrey 1996/002.

Campbell-v-AG [1995] JLR 136.

AG-v-Mills [2009] JRC 235.

AG-v-Louis and Ors [2008] JRC 032.

AG-v-Hansen [2007] JRC 055.

AG-v-Bisson [2009] JRC 151.

AG-v-Williamson [2011] JRC 232.