(Samedi)
Before : |
Sir Michael Birt, Commissioner, and Jurats Crill, Olsen, Ramsden, Dulake, Kerley |
The Attorney General
-v-
Ralph Lloyd Simon
Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 2nd February, 2018, following a guilty plea to the following charges:
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). |
4 counts of: |
Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978 (Counts 3, 8, 9 and 10). |
1 count of: |
Production of a controlled drug, contrary to Article 5(a) of the Misuse of Drugs (Jersey) Law 1978 (Count 4). |
2 counts of: |
Supply of a controlled drug, contrary to Article 5(b) of the Misuse of Drugs (Jersey) Law 1978 (Counts 5 and 6). |
2 counts of: |
Possession of a firearm, contrary to Article 2(1)(a) of the Firearms (Jersey) Law 2000 (Counts 12 and 13). . |
1 count of: |
Possession of ammunition, contrary to Article 2(1)(b) of the Firearms (Jersey) Law, 2000 (Count 14). |
Age: 65.
Plea: Guilty.
Details of Offence:
A search warrant was executed at the defendant's home, an old farmstead with several outbuildings and sheds. In the farmhouse the defendant had numerous pieces of cannabis scattered around the house and outbuildings which the Crown has treated as being for 'personal' use, and had a total weight of 277·77 grams (Count 3).
Commercial amounts of cannabis resin were also recovered and are dealt with in two Counts, as drugs the defendant was minding for others (7.27 kilos, Second Indictment), or drugs he intended to supply to his regular customers (3.48 kilos, Count 2). Bundles of cash were also recovered, together with three cannabis plants, a jar of decaying MDMA tablets, personal amounts of cocaine and bundles of cash.
Also seized were two rusty shotguns found in a storage area (Counts 12 & 13) and a tin containing 43 rounds of ·380 ammunition (Count 14).
In interview the defendant admitted his involvement in the supply of cannabis and his own personal drug use. He said he was a daily user of cannabis and that he had been for a number of years. He said that he had recently started to use cocaine. He indicated his use of those drugs was partly as a form of self-medication for various ailments and pains he suffered, however he also said he was trying cocaine as he found it gave him 'a lift' in the morning and that he used cannabis to 'chill' after his day was done.
With regard to the supply of cannabis the defendant stated he had been selling to a number of friends and acquaintances over the years, mainly in larger quantities of £100 or more, and that his customers were mature individuals, many of them with ailments themselves. He named one individual to whom he had supplied cannabis in bulk on previous occasions.
Details of Mitigation:
Guilty pleas, previous good character, made admissions at interview, provided a statement relating to an individual he had supplied with cannabis previously, willing to give evidence at their trial.
Previous Convictions:
Minor historic matters, treated as a man of good character.
Conclusions:
Count 1: |
2 years' imprisonment. |
Count 2: |
2 years' imprisonment, concurrent. |
Count 3: |
9 months' imprisonment, concurrent. |
Count 4: |
3 months' imprisonment, concurrent. |
Count 5: |
1 years' imprisonment, consecutive. |
Count 6: |
1 years' imprisonment, concurrent to Count 5, consecutive to Counts 1 to 4. |
Count 8: |
3 years' imprisonment, concurrent. |
Count 9: |
3 months' imprisonment, concurrent. |
Count 10: |
1 months' imprisonment, concurrent. |
Count 12: |
No separate penalty. |
Count 13: |
No separate penalty. |
Count 14: |
No separate penalty. |
Total: 3 years' imprisonment.
Forfeiture and destruction of the weapons and ammunition sought.
Forfeiture and destruction of the drugs sought save those which relate to Count 2 which should be kept until proceedings against Jones are concluded.
Sentence and Observations of Court:
Count 1: |
6 months' imprisonment. |
Count 2: |
Starting point 5 years' imprisonment, 18 months' imprisonment, consecutive. |
Count 3: |
9 months' imprisonment, concurrent. |
Count 4: |
3 months' imprisonment, concurrent. |
Count 5: |
1 years' imprisonment, concurrent. |
Count 6: |
1 years' imprisonment, concurrent to Count 5 and Count 2. |
Count 8: |
18 months' imprisonment, concurrent. |
Count 9: |
3 months' imprisonment, concurrent. |
Count 10: |
1 months' imprisonment, concurrent. |
Count 12: |
No separate penalty. |
Count 13: |
No separate penalty. |
Count 14: |
No separate penalty. |
Total: 2 years' imprisonment.
Forfeiture and destruction of the weapons and ammunition ordered.
Forfeiture and destruction of the drugs ordered save those which relate to Count 2 which should be kept until proceedings against Jones are concluded.
R. C. P. Pedley, Crown Advocate.
Advocate D. S. Steenson for the Defendant.
JUDGMENT
THE COMMISSIONER:
1. You have been using and selling cannabis resin for a number of years. The prosecution accept that you have been selling to people of mature years who often, but not always, have a medical condition that they believed was assisted by the drug. But the fact remains that you've been in flagrant breach of the law for some time.
2. The amounts involved in connection with your possession with intent to supply, namely Counts 2, 5 and 6, come to 5.48 kilos. On a separate Indictment, there is a charge of being concerned in supply which relates to 7.27 kilos. However, the facts of that are extremely unusual, and we sentence on the basis of the facts as put forward by you, and that is that you did not know that the cannabis had been left on your premises and you only happened to find it there when you went to the out-building in question and saw a holdall you did not recognise. You realised it was cannabis but you did nothing about it and did not tell the police or destroy it. That is the nature of your involvement in that count.
3. You have also pleaded guilty to possession of a substantial quantity of MDMA. We are told that it is the equivalent of 1,730 tablets, although they had deteriorated through age and a lot of it was now in powder form such that the drug was no longer usable. Again your version of events, upon which we must sentence, are that they had been left there by somebody else and you only became aware they had been left well after the event, by which time they had already deteriorated. So again your involvement there was not to do anything about it.
4. You have also pleaded guilty to some personal possession drug offences and to possession of some old firearms, which clearly had not been touched for many years.
5. We think that the right approach to this unusual case is in broad terms that suggested by your advocate. We are going to consider first Counts 2, 5 and 6, those are the offences of supply or possession with intent to supply. As I have already stated that involved some 5.48 kilos. The leading case of Campbell v AG [1995] JLR 136, suggests a starting point of between 2 and 6 years for between 1 and 10 kilos. So on a purely mathematical basis that might suggest a starting point of around 4 years. But this was a prolonged course of conduct over many years and we think the correct starting point is one of 5 years. So that will be applied to Count 2 which is the most serious count.
6. We then consider the mitigation. Your advocate has spoken powerfully on your behalf. You pleaded guilty. You immediately made full admissions and were extremely co-operative and that stands you in good stead. Although you have some minor convictions, they all date from many many years ago and we treat you as a man of effective good character, and it is always sad to a see a 65 year old of effective good character coming before the court. We have read the references which speak highly of you. We have also noted that you play an important part in the life of your elderly parents and that they will be affected therefore by any prison sentence. We have also had regard to the other matters put forward by your advocate.
7. Taking those matters into account we would have applied a reduction of 50% to the starting point, so that would have led to a sentence of some 2½ years on Count 2 as the most serious one, with concurrent sentences on Counts 5 and 6.
8. We think that the offence on the Second Indictment, that of being concerned in the supply of cannabis must be consecutive, despite what your advocate said. It was a substantial amount, although we accept that your involvement was limited. We think that overall we would have applied an additional sentence of 1 year to that. So, but for the matter that I am about to mention, we would have imposed a sentence of 3½ years with all the other sentences being concurrent. But you have named your supplier and some of your customers, you have given a statement to the police which sets this out, and you have said that you are willing to give evidence in support of that statement at any trials where you are asked to do so. Where a person gives such assistance and is willing to acknowledge it in public the court gives a substantial additional discount because we wish to encourage others to do likewise, because that will assist in the fight against those who traffic in drugs. We think that an overall deduction of 18 months to reflect that would be appropriate.
9. That means that the overall sentence we are going to impose is one of 2 year's imprisonment. We cannot accede to your advocate's suggestion, albeit put forward with due modesty, of a non-custodial sentence in this case.
10. So turning to the actual sentences. On the Second Indictment, the one count there, being knowingly concerned, we impose a sentence of 6 months imprisonment. Turning to the main Indictment, Count 2; 18 months' imprisonment consecutive; Count 3; 9 months' imprisonment, concurrent; Count 4; 3 months' imprisonment concurrent; Count 5; 1 year's imprisonment, concurrent; Count 6; 1 years' imprisonment, concurrent; Count 8; 18 months' imprisonment, concurrent; Count 9; 3 months' imprisonment concurrent, Count 10; 1 month's imprisonment, concurrent, and we agree that there should be no penalty for the three firearms offences at Counts 12, 13 and 14.
11. So the 6 months plus the 18 months means that the total sentence is 2 years' imprisonment.
12. We order the forfeiture and destruction of the drugs.
13. We order the forfeiture and destruction of the firearms and the ammunition.
14. We adjourn the question of a confiscation order.
Authorities