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Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> AG -v- Munks [2017] JRC 171 (18 October 2017)
URL: http://www.bailii.org/je/cases/UR/2017/2017_171.html
Cite as: [2017] JRC 171
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Superior Number Sentencing - drugs - possession with intent to supply - possession - Class A and B.
|
Before : |
Sir Michael Birt,. Commissioner, and Jurats Nicolle, Blampied, Ramsden, Sparrow and Thomas. |
The Attorney General
-v-
Laurence Munks
Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 1st September, 2017, following a guilty plea to the following charges:
|
1 count of: |
Possession of a controlled drug, with intent to supply to another, contrary to Article 8(2) of the Misuse of Drugs (Jersey) 1978 (Count 1). |
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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 2). |
Age: 36.
Plea: Guilty.
Details of Offence:
On Sunday 18th June, 2017, police officers attempted to speak to the defendant, who was holding a small sports type holdall, the defendant ran off. Officers pursued the defendant and stopped him in Seaton Place. The defendant threw down the holdall before the officers handcuffed him and informed him that he was going to be searched.
During the search of his person and the holdall officers found -
(i) A brown envelope containing -
(a) £2,400;
(b) 5 green tablets with a 'stone island' motif on them; and
(c) 90.5 blue and yellow tablets with an 'IKEA' logo on them; and
(ii) A mobile phone.
The defendant was arrested on suspicion of possession and possession with intent to supply illegal drugs and made no immediate reply to caution.
The tablets seized from the defendant were analysed by the States Analyst and were confirmed to consist of the following:
(i) 5 'green island' MDMA tablets with an average content being 190 milligrams per tablet; and
(ii) 90.5 blue and yellow 'IKEA' MDMA tablets with an average content being 235 milligrams per tablet.
The defendant was also found to be in possession of 2.3 grams of cannabis whilst in police custody.
In interview the defendant said that he had been contacted by telephone and asked to look after the drugs and the money for a few days before they were to be passed on to another person. He would receive payment for doing this but did not know how much. The defendant was sentenced on this basis.
Details of Mitigation:
Guilty plea, partially cooperative with the police in interview.
Previous Convictions:
23 convictions for 106 offences, including 31 drug offences.
Conclusions:
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Count 1: |
Starting point 7 years' imprisonment: 4½ years' imprisonment. |
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Count 2: |
1 week's imprisonment, concurrent. |
Total: 4½ years' imprisonment.
Confiscation order sought in the sum of £2,574.
Forfeiture and destruction of the drugs sought.
Sentence and Observations of Court:
Conclusions granted.
C. R. Baglin, Esq., Crown Advocate.
Advocate N. H. MacDonald for the Defendant.
JUDGMENT
THE commissioner:
1. You have pleaded guilty to possession with intent to supply some 95 ecstasy tablets. They were in your possession together with some £2,400 in cash when you were stopped in the street by the police at which time you ran off but were caught after a short chase. You say you were acting as a minder, having been asked to look after something for a friend. We do think it is of note that you were trusted enough not only to look after the drugs but also after that amount of cash. You have a number of previous convictions including many for possession of drugs.
2. The Crown has taken a starting point of 7 years' imprisonment and we agree that that is appropriate.
3. You have pleaded guilty so we take that into account in mitigation. Although you initially denied things you did very promptly give the version of events which you are now giving, so we take that into account. We have read the reference and also the letter of remorse which you have written and we have listened carefully to what your advocate has said. We are pleased to note that you are determined to try and become a better role model for your son and he certainly deserves that. We are pleased to note also that you are going to take advantage of the courses available in prison because you will need to conquer your drug and alcohol habit if you are to turn your life around.
4. All in all we think the Crown has allowed sufficient for mitigation. So the sentence of the Court is 4½ years' imprisonment on Count 1, 1 week's imprisonment, concurrent on Count 2; so that makes a total of 4½ years' imprisonment altogether.
5. We also order the forfeiture and destruction of the drugs.
Authorities
Bonnar and Noon-v-AG [2001] JLR 626.