Jersey Unreported Judgments

Superior Sentencing Number - drugs - motoring.

[2021]JRC057

Royal Court

(Samedi)

1 March 2021

Before     :

R. J. MacRae, Esq., Deputy Bailiff, and Jurats Ramsden, Averty and Hughes.

The Attorney General

-v-

Kevin Richard McCauley

Sentencing by the Superior Number of the Royal Court, following a guilty pleas to the following charges:

First Indictment

1count of:	Possession of a controlled drug with intent to supply, contrary to Article8(2) of the Misuse of Drugs (Jersey) Law, 1978 (Count 1).
2 counts of:	Being concerned in the supplying of, or in the making of an offer to supply, a controlled drug, contrary to Article 5(c) of the Misuse of Drugs (Jersey), Law, 1978 (Counts 2 and 3).

Second Indictment

2 counts of:	Driving a motor vehicle whilst disqualified, contrary to Article 15(4)(b) of the Road Traffic (Jersey), Law, 1956 (Count 1 and 2).
1 count of:	Driving a motor vehicle without a policy of insurance in respect of third party risks, contrary to Article 2(1) of the Motor Traffic (Third Party Insurance) (Jersey), Law, 1948 (Count 3).
1 count of:	Driving a motor vehicle at excess speed, contrary to Article 21(4), of the Road Traffic (Jersey), Law, 1956 (Count 4).
1 count of:	Failure to notify change of ownership of a motor vehicle, contrary to Article 11 (2) of the Motor Vehicle Registration (Jersey), Law, 1993 (Count 5).

Age:  36.       

Plea: Guilty.

Details of Offence:

Drug offences

 

The police executed a misuse of drugs search warrant at the Defendant's home address.  Cocaine weighing 1.88 grams was found in a snap seal bag in a creatine tub in the kitchen. The cocaine had a street value of £200 - £400.  The Defendant was arrested.  

 

Various drugs paraphernalia was also seized during the search, including the tub of creatine, a set of digital weighing scales with white residue, and a brown envelope containing a large quantity of snap seal bags. 

 

The Defendant's mobile phone was seized and examined.  It revealed numerous drug-related messages to several individuals from 5^th November 2019 to 28 February 2020.  Several messages concerned the supply or offer to supply cocaine and cannabis.   

 

A drug expert, DS James McGranahan, reviewed the messages and opined that the Defendant was involved in supplying approximately 35 - 43 grams of cocaine and 18 to 26 grams of cannabis.   That quantity of cocaine had an approximate street value of between £3,500 and £8,600, and the cannabis had an approximate street value of between £360 and £900.

 

Motoring offences

 

The Defendant was stopped by two honorary police officers as they were conducting a speed check in St. Peter.  He was speeding.  He told the officers that he was on his way to pick up a friend and his girlfriend. 

 

The Defendant told the officers that he owned the car but the registered keeper was a friend who had recently passed away.  He stated that the insurance was in his name. 

 

It was subsequently established that the Defendant was disqualified from driving. 

 

Following a police interview for the above offence, the Defendant was observed driving the car at Minden Place Car Park.  CCTV footage recovered from the car park showed the Defendant driving in with an unknown passenger, and later driving out alone in the car.  He did not have a valid policy of insurance in respect of third-party risks and he remained disqualified from driving.   

Details of Mitigation:

Guilty plea, remorse, cooperation with police, addiction issues, family support.

Previous Convictions:

15 previous convictions for 56 offences including violence, dishonesty, motoring and drugs offences. In 2011 he was convicted of several motoring offences, including dangerous driving, no insurance and failure to provide a specimen for analysis. 

Conclusions:

First Indictment

Count 1:	Starting point of 7 years' imprisonment.  4 years' and 6 months' imprisonment
Count 2:	Starting point of 9 years' imprisonment.  5 years' and 9 months' imprisonment, concurrent.
Count 3:	6 months' imprisonment, concurrent.

(the above sentences to run concurrently).

Second Indictment

Count 1:	3 months' imprisonment.
Count 2:	6 months' imprisonment, concurrent.
Count 3:	6 months' imprisonment, concurrent.
Count 4:	No separate penalty.
Count 5:	No separate penalty.

Total:  6 months' imprisonment

(the above sentences to run concurrently with each other, but consecutive to the First Indictment)

Total: 6 years' and 3 months' imprisonment.

Declaration of criminal benefit sought in the sum of £4,500.

Confiscation Order sought in the sum of £228. 

Disqualification from driving for 5 years sought on each of Counts 1-3 of Second Indictment, concurrent on each. 

Forfeiture and destruction of drugs seized sought. 

 

Sentence and Observations of Court:

First Indictment

Count 1:	7 years' starting point.  3 years' and 6 months' imprisonment
Count 2:	8 years' starting point.  4 years and 6 months' imprisonment, concurrent.
Count 3:	6 months' imprisonment.

(the above sentences to run concurrently).

Total 4 years' and 6 months' imprisonment.

Second Indictment

Count 1:	2 months' imprisonment.
Count 2:	3 months' imprisonment, concurrent.
Count 2:	3 months' imprisonment, concurrent.
Count 2:	No separate penalty.
Count 2:	No separate penalty.

Total: 3 months' imprisonment.

(The above sentences to run concurrently with each other, but consecutive to the First Indictment).

First Indictment to be consecutive to Second Indictment.

Total: 4 years and 9 months' imprisonment.

Disqualification from driving for a period of 5 years imposed on Counts 1, 2 and 3 of the second indictment, to run concurrently.

Confiscation Order made.

Forfeiture and destruction of the drugs ordered.

(The Court ordered confiscation, disqualification from driving and forfeiture of the drugs as sought by the prosecution). 

M. R. Maletroit, Esq., Crown Advocate.

Advocate R. C. L. Morley-Kirk for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        Kevin McCauley, stand up please.   You are 36 years old and fall to be sentenced today on two indictments.  The first and more serious relates to three offences involving drugs that you committed between the 5^th November 2019 and 28^th February 2020 when you were arrested for those matters. 

2.        On that day the police executed a drugs warrant at your home in St Saviour.  There they found 1.88 grams of cocaine with a street value of between £200 and £400 and various paraphernalia which is commonly used to deal in cocaine and similar drugs, including creatine powder  which is used as a bulking agent for the purpose of onward supply, sealable bags, digital scales, cash and so on. 

3.        Examination of your mobile telephone revealed messages indicating that you were involved in purchasing high purity cocaine and selling it on at a profit.  Count 1 relates to the cocaine found at your home on 20^th February 2020 and Count 2 governs your supply of cocaine over the previous three months.   Police analysis showed that during that period you supplied between 35 and 43 grams of cocaine and, as to Count 3, between 18 and 26 grams of cannabis during the same period.  You were contacting individuals on WhatsApp and Facebook Messenger and by text in order to sell these drugs. The police officer who examined your telephone records describe you as a "busy and prolific supplier" of Class A and Class B drugs - and it was clear that you had regular access to a supply of both drugs.

4.        In interview you accepted the drugs were yours and you accepted that people would contact you in order for you to obtain drugs for them, but you did not accept that you would sell cocaine for a profit.  In any event you were helpful to the police in interview and gave access to your mobile phone and you pleaded guilty at the first opportunity.

5.        It is clear that you were intending to make a profit from the sale of cocaine and we note the message from Fernando Costa  to you offering to supply you with cocaine from which you could make "£1,000 in profit".

6.        The second indictment relates to motoring offences you committed in March of last year after you had been interviewed in relation to the drug matters. This consists of two offences of driving whilst disqualified on 7^th and 20^th March 2020, an offence of driving without insurance on the latter occasion, speeding on the earlier occasion and failing to notify a change of ownership of a motor vehicle on the early occasion too. 

7.        As to the driving offences committed on the 7^th March 2020, you were stopped by police officers carrying out a speed check in St Peter.  You were travelling at 42mph in a 30mph zone and enquiries revealed that you have been disqualified from driving in 2011 for 18 months until you had retaken your test.  You had never retaken your test and accordingly you remained a disqualified driver.  You knew you did not hold a driving licence, but you claimed you did not realise your provisional licence had run out - although it had expired in May 2019.  You knew you were not insured. 

8.        Nonetheless you were driving again on 20^th March last year just two weeks after your interview with the police in relation to the offence committed on the 7^th March.   You were driving on this occasion in St Helier.  You were interviewed in relation to these offences on 19^th June 2020.   Knowingly driving without insurance and whilst disqualified are very serious and those offences put yourself and other road users at risk. 

9.        In relation to the main Indictment, in respect of Count 1, we note the guidelines from the case of Rimmer v AG [2001] JLR 373 and we agree with the Crown that the starting point in this case is 7 years' imprisonment.  As to Count 2, the supply of between 35 and 43 grams of a Class A drug, cocaine during the period prior to your arrest, we find the starting point to be 8 years' imprisonment.

10.      We have listened with care to all that Advocate Morley-Kirk has said on your behalf.  We take into account your history of substance misuse, your efforts in the recent past to tackle that misuse.  It is unfortunate that you relapsed back into the world of drugs and addiction in July of 2019 which led you to dealing in cocaine and cannabis in the way that we have described.  You describe yourself as a "middleman", but it is the role of people like you that enables dangerous drugs to proliferate in our community.  The offences on the main indictment at Counts 1 and 2 are without doubt so serious that only a custodial can be justified.

11.      Now we are going to sentence you to a shorter term of imprisonment than moved for by the Crown.  This is because we have not only given you full credit for your guilty pleas but we have been impressed by the terms of the letter that you wrote to us and we note that you keenly feel that you have let down your family.   You describe yourself as "weak and foolish" and you say that you are "grateful for the opportunity", the opportunity you have been given in custody to turn your life around.   We have also been moved by the letter from your partner who we see is in court today and we have given weight to your conduct in custody and the fact that you have kept out of trouble for most of last year. 

12.      You are fortunate Mr McCauley that your partner of some 16 years has stood by you through think and thin.  Many people would not have done that and you are very fortunate that she is prepared to stand by you now and that you have a good home to go to when you are released from your sentence.   You really must ensure that you do not appear in this court again.  I am sure that you understand that you have let your partner down and your children down and you going to prison for this sort of offence is a very poor example to your children, who are entitled to look to you to set a good example for them in their lives. 

13.      Count 1, we sentence you to 3 years' 6 months imprisonment.

14.      Count 2, to 4 years' 6 months imprisonment and

15.      Count 3, 6 months' imprisonment.   All of those are to run concurrent making a total on that Indictment of 4 years' and 6 months imprisonment.

16.      On the Second Indictment; Count 1, we sentenced you to 2 months' imprisonment for driving whilst disqualified.

17.      Count 2, the second offence, 3 months' imprisonment.

18.      Count 3, driving whilst without a valid insurance, 3 months' imprisonment.

19.      We impose no separate penalty on Count 4 and Count 5.  All those offences are to run concurrent to each other, making a total of 3 months but consecutive to the main Indictment, making a total of 4 years' and 9 months imprisonment. 

20.      In addition we disqualify you from driving for 5 years on Count 1 and Count 2 on the main Indictment.   

21.      We have made the Orders already in relation to forfeiture of the drugs and so on.  We have dealt with the Certification of Benefit, the amount that might be realised, and we all hope Mr McCauley that you take advantage of the programmes that will be offered to you in prison and that your current determination not to reoffend and to provide for your family when you are released is reinforced during your time in prison, and that you come out when you are released as we have said, determined not to appear before the Courts of Jersey again. 

Authorities

Misuse of Drugs (Jersey) Law, 1978.

Road Traffic (Jersey), Law, 1956. 

Motor Traffic (Third Party Insurance) (Jersey), Law, 1948.

Motor Vehicle Registration (Jersey), Law, 1993. 

Extract of Magistrate's Court Sentencing Guidelines

McDonough v AG [1994] JCA 193

Campbell v AG [1995] JLR 136

Rimmer v AG [2001] JLR 373

AG v Antunes & Ors [2003] JRC 072

AG v Taylor [2019] JRC 027