Jersey Unreported Judgments

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

[2017]JRC170

Royal Court

(Samedi)

18 October 2017

The Attorney General

-v-

Oliver Munks

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 22^nd September, 2017, following a guilty plea to the following charge:

Age:  39.

Plea: Guilty.

Details of Offence:

On 28^th June, 2017, a postal worker, posted a brown jiffy envelope addressed to a "Mr M Young", through the letter box of the door to a residential block (a property comprising of several flats), which lead into the communal area of that property.  Later that same morning the defendant attended at the residential block and opened the door to the communal area with a key.  The defendant picked up the package addressed to "Mr M Young" and returned to his home, the flat where he was staying.  Later that same day police officers executed a drugs warrant at the defendant's home and arrested the defendant.  Four plastic bags containing tablets were found next to where the defendant was lying.

The tablets seized from the flat were analysed by the States Analyst and were confirmed to consist of 390 purple crest shaped MDMA tablets with a Barcelona Football Club design, with an average MDMA content being 173 milligrams per tablet.

In interview the defendant stated that the tablets were nothing to do with him, but on Indictment he entered a guilty plea and was sentenced on the basis that he had been told to collect the drugs and repackage them.  His payment for doing this was that a portion of a drug debt which he owed would be paid off.

Details of Mitigation:

Guilty plea.

Previous Convictions:

14 convictions for 38 offences, including 12 drug offences.

Conclusions:

Confiscation order sought in the nominal sum of £1.

Forfeiture and destruction of the drugs sought.

Sentence and Observations of Court:

Conclusions granted.

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

Advocate A. M. Harrison for the Defendant.

JUDGMENT

THE commissioner:

1.        On the same day that a packet containing 390 ecstasy or MDMA tablets was delivered to a block of flats in St Helier, you gained access to the block and took possession of the packet.  These were found in your possession when a search warrant was executed later the same day at the flat where you were living.  When you were interviewed you denied any knowledge of the drugs but you have now pleaded guilty and you told the probation officer that you were told to go and get them.  Your advocate has elaborated this morning and said that you were prevailed upon to do this in order to obtain a reduction in the drug debt which you owed.  However, as the Court has repeatedly said, the fact that a person offends in order to reduce a drug debt is not mitigation.  You have a poor record, including a number of drug offences.  The Crown has taken a starting point of 8 years and despite what your advocate has said, we think that is correct. 

2.        In mitigation your advocate has very realistically accepted that there is little, apart from your guilty plea, but you were not initially cooperative as you denied all knowledge and you only pleaded guilty on Indictment rather than in the Magistrate's Court on first presentation. 

3.        As your advocate has said, you are an intelligent man with potential but you have squandered that potential because of your drug dependency.  We are pleased to note that you are intending to make good use of your time in prison because the fact is that until you can conquer your drug habit the outlook is not promising.  So we hope very much that you can on this occasion manage to do so. 

4.        Overall we think the conclusions of the Crown are correct and the sentence of the Court is that you are sentenced to 5½ years' imprisonment.

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

Authorities

Bonnar and Noon-v-AG [2001] JLR 626.