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Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> AG -v- Brooks [2017] JRC 018 (23 January 2017)
URL: http://www.bailii.org/je/cases/UR/2017/2017_018.html
Cite as: [2017] JRC 18, [2017] JRC 018
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Before : |
T. J. Le Cocq, Esq., Deputy Bailiff, and Jurats Nicolle, Crill, Ramsden, Thomas, Pitman, Christensen |
The Attorney General
-v-
Carl Michael Brooks
Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 9th December, 2016, following a guilty plea to the following charges:
|
1 count of: |
Possession of a controlled drug with intent to supply it to another, contrary to Article 8(2) of the Misuse of Drugs (Jersey) Law, 1978 (Count 2). |
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3 counts of: |
Possession of a controlled drug contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978 (Counts 3, 4 and 5). |
Age: 47.
Plea: Guilty.
Details of Offence:
During a search of the defendant's bedsit officers found a wrap of brown powder concealed in a protein powder tub which was later analysed and confirmed to be 12.08 grams of heroin. The potential maximum street value of the heroin was estimated to be £13,000.
Officers also located and seized £1,150 cash, 7 diazepam tablets, a box containing a vial of testosterone propionate and a re-sealable plastic bag containing tablets which were later analysed and found to contain oxymetholone. The diazepam, testosterone and oxymetholone were all for personal consumption.
Details of Mitigation:
Guilty plea.
Previous Convictions:
Poor record including possession with intent to supply MDMA ecstasy for which the defendant received a sentence of 4 years and 6 months' imprisonment in 2004.
Conclusions:
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Count 2: |
Starting point 8 years' imprisonment. 5 years and 4 months' imprisonment. |
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Count 3: |
1 weeks' imprisonment, concurrent. |
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Count 4: |
1 weeks' imprisonment, concurrent. |
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Count 5: |
1 weeks' imprisonment, concurrent. |
Total: 5 years' and 4 months' imprisonment.
Confiscation Order sought in the sum of £2, 526.27.
Forfeiture and destruction of the drugs sought.
Sentence and Observations of Court:
The Court felt able to make a slight reduction to the Crown's conclusions but stated that a starting point of 8 years was correct.
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Count 2: |
5 years' imprisonment. |
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Count 3: |
1 weeks' imprisonment, concurrent. |
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Count 4: |
1 weeks' imprisonment, concurrent. |
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Count 5: |
1 weeks' imprisonment, concurrent. |
Total: 5 years' imprisonment.
Confiscation Order made in the sum of £2.526.27.
Forfeiture and destruction of the drugs ordered.
C. R. Baglin, Esq., Crown Advocate.
Advocate S. A. Pearmain for the Defendant.
JUDGMENT
THE DEPUTY BAILIFF:
1. You are to be sentenced for one count of having possession of a controlled drug with intent to supply, namely heroin, and three counts of possession of controlled drugs, namely testosterone propionate, oxymetholone and diazepam. The facts are straightforward in that all of these drugs were found during a search of your home pursuant to a search warrant.
2. You have a poor record, and therefore do not have the benefit of good character. Furthermore you are assessed as being at a high risk of reoffending. You do, of course, have the benefit of a guilty plea, and we have read with care the letters and references which have been provided by your counsel on your behalf. We pay particular regard to the efforts that you have made in trying to deal with your drugs problem, and we note the effect that the offending has had on your children. This is, of course, a matter that you should have taken into account before deciding to offend in the way that you did.
3. We turn first to consider the matter of the confiscation order; it is not opposed and we declare that you have benefitted from drug trafficking to the extent of £5,307 and we make a confiscation order in the sum of £2,526.27.
4. We now turn to the question of sentence. We have, of course, considered the guideline cases and it seems to us the Crown's starting point for the most serious offence, namely 8 years' imprisonment, is the correct starting point in this case. That being so and providing for all of the mitigation that is available to you, we think, taking all of that into account, we can nonetheless make a small additional reduction to allow for the mitigation that we have previously identified.
5. Therefore we think that the appropriate sentence is one of 5 years' imprisonment in respect of Count 2, and in respect of Counts 3, 4 and 5, sentencing should be 1 week's imprisonment for each, all to run concurrently, making a total of 5 years' imprisonment.
6. We order the forfeiture and destruction of the drugs.
Authorities
Costs in Criminal Cases (Jersey) Law 1961.
Rimmer, Lusk & Bade-v-AG [2001] JLR 373.