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Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> AG -v- King [2016] JRC 145A (25 August 2016)
URL: http://www.bailii.org/je/cases/UR/2016/2016_145A.html
Cite as: [2016] JRC 145A
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Superior Number Sentencing - drugs - possession - Class A and B.
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Before : |
W. J. Bailhache, Esq., Bailiff, and Jurats Nicolle, Crill, Blampied, Ramsden, Thomas and Pitman. |
The Attorney General
-v-
Daniel King
Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 14th July, 2016, following guilty pleas to the following charges:
Second Indictment
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2 counts of: |
Possession of a controlled drug with intent to supply, contrary to Article 8(2) of the Misuse of Drugs (Jersey) Law 1978 (Counts 1 and 2). |
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1 count of: |
Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978 (Count 3). |
Age: 33.
Plea: Guilty.
Details of Offence:
King was arrested as part of the wider investigation concerning Calvert and Moore (he subsequently entered a not guilty plea to the charge of importing heroin which was accepted by the Crown). On arrest King was found in possession of a plastic bag containing 130 MDMA tablets (Count 1), 94.36 grams of cannabis (Count 2) and a small quantity of cannabis, 326 milligrams (Count 3).
Details of Mitigation:
Guilty plea, cooperative with the police, remorse.
Previous Convictions:
7 convictions for 23 offences, including 2 previous drug offences.
Conclusions:
Second Indictment
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Count 1: |
|
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Count 2: |
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These are the general conclusions.
Sentence and Observations of Court:
Starting point 7 years' imprisonment.
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Count 1: |
4 years' imprisonment. |
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Count 2: |
6 months' imprisonment, concurrent. |
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Count 3: |
1 week's imprisonment, concurrent. |
Total: 4 years' imprisonment.
Confiscation Order sought in the sum of £135.
Forfeiture and destruction of the drugs sought.
Sentence and Observations of Court:
Second Indictment
Conclusions granted.
Mrs S. J. O'Donnell, Crown Advocate.
Advocate E. B. Drummond for the Defendant.
JUDGMENT
THE BAILIFF:
1. Mr King, you are here to be sentenced on an Indictment which contains three charges of possession of ecstasy with intent to supply, possession of cannabis with intent to supply and possession of cannabis. The amount of ecstasy involved was 130 tablets, the amount of cannabis was 94.36 grams of which you had possession with intent to supply and 326 milligrams of cannabis which was the simple possession charge. Dealing with Count 1 which is the most serious charge as far as this Court is concerned, ecstasy being a Class A drug, we apply the case of Bonnar and Noon-v-AG [2001] JLR 626 and that takes us into a starting point of 7-9 years' imprisonment.
2. Your counsel has suggested that there are exceptional circumstances her which would justify our reducing that starting point below 7 years. The exceptional circumstances are said to be that the supplier of the drugs to you left the drugs with you without telling you, that you did not agree to receive them, you then made the wrong decision in the sense that you did not destroy the drugs and did not give the drugs into the police, but you were then minding them for him and would have given them back to him in due course and it is said that ought to be treated as an exceptional circumstance. We have looked carefully at all the facts in the case and in our view it was not an exceptional circumstance and we therefore are treating the starting point as being 7 years' imprisonment.
3. We give you credit for your guilty plea, full credit of one-third and we have looked at the other mitigating factors which arise in your case. We note that you have been cooperative, we note that you have provided us with a number of very good references and we accept that you have expressed, through your counsel, some remorse. In the circumstances we think the Crown's conclusions are correct and we propose to grant them. You will therefore go to prison for 4 years on Count 1, 6 months on Count 2, concurrent, and 1 week on Count 3, concurrent, making a total of 4 years' imprisonment.
4. We also order the forfeiture and destruction of the drugs.
5. We make the Confiscation Order in the sum of £135.
6. You have indicated through your counsel that you have engaged with programmes previously and there will be more programmes available to you in the prison when you serve your sentence. What you need to do is take the advantage of that engagement and apply it to achieve a change of behaviour. It is said that you are very close to your family and your references bear that out and with some real thinking you have got to deal constructively with the issues which have been identified.
Authorities
Bonnar and Noon-v-AG [2001] JLR 626.