Jersey Unreported Judgments

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

[2016]JRC097

Royal Court

(Samedi)

20 May 2016

The Attorney General

-v-

Luke John Boschat

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

Age:  23.

Plea: Guilty.

Details of Offence:

On 6^th January, 2016, the defendant and Jade Hamon ("Hamon") were the subject of police surveillance.  Police Officers observed the defendant leave his home address and watched as he walked towards Hamon.  The defendant and Hamon were seen nodding at each other before walking together into Brighton Road.  They were stopped by plain clothed Police Officers and detained for a drugs search.  The defendant was asked whether he was in possession of drugs to which he replied "no."  The defendant and Hamon were transported to Police Headquarters and strip searched.  Prior to removing his underpants the defendant stated: "I've got something."  The Officers then saw a tin foil wrap which had been secured to the defendant's penis with a hair band.  The defendant was asked to retrieve the wrap.  It was found to comprise five separate tin foil wraps containing white powder within Rizla-type paper (Count 1).  A search warrant was executed at the defendant's home address.  Officers located and seized inter alia a small lump of brown resinous material (Count 2).  The States Analyst examined the wraps seized from the defendant and confirmed the substance contained was ethylphenidate, with a combined weight of 5.31 grams.  Ethylphenidate is a Class B drug and is a new psychoactive substances ("NPS").  It is described as "a powerful psycho-active stimulant".  The ethylphenidate seized had an approximate street value of £420.  The piece of brown resinous material seized from the defendant's bedroom was as 514 milligrams of cannabis resin.  The small piece of cannabis resin found in the defendant's bedroom had a street value of approximately £10. 

Details of Mitigation:

The defendant was not fully cooperative in that he only admitted being in possession of a controlled substance once subjected to a strip search.  However, the defendant entered early guilty pleas and at sentence had served the equivalent of 6 months and 19 days' imprisonment whilst on remand. 

Aggravating Factors

The defendant breached a Royal Court order of 11^th December, 2015, by re-offending.  The Royal Court had imposed a 150 hours' Community Service Order ("CSO") in respect of three drug related offences and was also re-sentenced for breaching a Magistrate's Court CSO imposed during January 2015.  Therefore the Royal Court sentenced him to a total of 160 hours' CSO, (the equivalent to 10 months' imprisonment) together with a 12 month Probation Order. 

Previous Convictions:

16 previous convictions comprising 45 offences including drugs possession, dishonesty and violence.  The defendant was only released from custody on 11^th December, 2015, upon his sentencing for drug trafficking charges. 

Conclusions:

Breach of Community Service Order: 10 months' imprisonment, consecutive to Count 1.

Total: 16 months' imprisonment. 

Discharge of original order.

Forfeiture and destruction of the drugs sought.

Sentence and Observations of Court:

Breach of Community Service Order: 9 months' imprisonment, consecutive to Count 1

Total: 15 months' imprisonment. 

Discharge of original order ordered.

Forfeiture and destruction of the drugs ordered.

M. R. Maletroit, Esq., Crown Advocate.

Advocate P. S. Landick for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        You are to be sentenced in respect of one count of possession with intent to supply 5.31 grams of ethylphenidate, a Class B drug, with a street value of £420 and one count of possession of 540 mg cannabis resin, also a Class B drug, with a value of £10.  The ethylphenidate was found following a search of your person, the cannabis resin following a search of your flat. 

2.        By your plea you have accepted that you were intending to supply the former drug and the police expert has confirmed that this was an amount capable of commercial supply.  This offending places you in breach of the Community Service Order imposed by this Court on 11^th December 2015 (AG-v-Boschat, Coote and Cowling [2015] JRC 254). 

3.        You have a poor record, and we recall what we said when we sentenced you on that occasion:-"make no mistake this is in effect your last chance.  If any of you are back before this court for any purpose in breach of the order that we have imposed, you must expect the court to lack sympathy and to impose a prison sentence on you.  As I have said this is your last chance to show us that what you have said to your probation officers, what you have said through your counsel, you can deliver."

4.        The warning that we gave could not have been clearer and you have squandered that opportunity.  We note your guilty pleas and we note that all that has been said on your behalf in mitigation by your counsel and in the letters that have been put before us.  We have also noted the submission made in connection with the case of AG-v-Walker and the approach that the Court took on that occasion where it made an allowance following a breach of its earlier order for time served prior to that order on remand, although it did not have to do so as a matter of law.  We intend, in the light of all of the mitigation that we have heard, including that set out in the correspondence, to make a very small allowance for that aspect. 

5.        Accordingly you are sentenced as follows:- in respect of Count 1; 6 months; imprisonment, Count 2; 7 days' imprisonment, concurrent to Count 1.  In respect of the breach of the Community Service Order; 9 months' imprisonment, consecutive to Count 1.  We also order the discharge of the previous order.  That makes a total of 15 months' imprisonment. 

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

Authorities

AG-v-Boschat, Coote and Cowling [2015] JRC 254.

AG-v-Walker [2011] JRC 164.

Campbell-v-AG [1995] JLR 136.

AG-v-Sutton [2015] JRC 147.