Jersey Unreported Judgments

Superior Number Sentencing - drugs - supply - possession with intent to supply - possession - Class A.

[2016]JRC166E

Royal Court

(Samedi)

21 September 2016

The Attorney General

-v-

James Andrew Derrick

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 08^th July, 2016, following guilty pleas to the following charges:

Age:  33.

Plea: Guilty.

Details of Offence:

Whilst out in St Helier the defendant was stopped by Police and subjected to a drug search.  He was found to be in possession of two wraps of cocaine weighing 808 and 807 milligrams respectively, containing 18 and 31 percent by weight of the drug (Count 2).  They had a combined street value of £200.  A subsequent search of the defendant's flat revealed a further 0.97 grams of cocaine containing 77% by weight of the drug, with a street value of £135 (Count 5). 

Subsequent analysis of his mobile phone revealed messages tending to show that he had supplied small amounts of cocaine (several grams in all) to several friends (Count 1). 

After Indictment in the Royal Court the defendant absconded, but voluntarily surrendered himself on the eve of his trial on Count 1.  Consequently new trial dates were set, but in the meantime he entered a guilty plea to Count 1 on the basis of social supply.  This was accepted by the Crown. 

Details of Mitigation:

Guilty plea, good character, letter of remorse and good references.

Previous Convictions:

None related to current offending. 

Conclusions:

Total: 3½ years' imprisonment. 

Forfeiture and destruction of the drugs sought.

Confiscation Order hearing to be postponed until 26^th January, 2017 at 10am.

Sentence and Observations of Court:

Starting point correct, a full discount awarded for the guilty plea and sentenced on the basis of social supply. 

Total: 3 years' imprisonment. 

Forfeiture and destruction of the drugs ordered.

Confiscation Order hearing to be postponed until 26^th January, 2017 at 10am.

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

Advocate N. MacDonald for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        We sentence you today for three counts relating to unlawful drugs; being concerned in the supply, possession with intent to supply, and simple possession.  The drug involved was cocaine.  The Crown has accepted, as do we, that this was social supply and we also accept that the quantity involved should be taken as 3-4 grams. 

2.        Dealing first with the matter of confiscation, we adjourn that for further consideration by the Court until 26^th January, 2017. 

3.        We note the mitigation available to you, we note in particular your guilty plea and, although you do not have a good record, we see nothing of relevance relating to drugs and we will treat you in effect as of good character.  Because this was a social supply we think that that has a material bearing on what the appropriate sentence should be. 

4.        We note the contents of the social enquiry report and the letters and references that you have provided which speak well of you.  We also note, as we must, that you absconded whilst on bail, but that was mitigated somewhat by the fact that you returned voluntarily and at your own expense although, nonetheless, it would have created a great deal of inconvenience and expense. 

5.        We think that the assessment of the starting point moved for by the Crown is correct and that we should therefore start from 7 years imprisonment, but we think you should be allowed a full discount for your guilty plea and, allowing for that and for the other factors available to you in mitigation, including the fact that this was a matter of social supply, you are sentenced to 3 years' imprisonment. 

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

Authorities

Rimmer and Ors v AG [2001] JLR 373.

AG v Hagen [2010] JRC 058.

AG v Buckley [2008] JLR Note 34.

AG v Mackenzie [2011] JLR 689.