Jersey Unreported Judgments

Inferior Number Sentencing - drugs, possession of cannabis - class B.

[2021]JRC190

Royal Court

(Samedi)

16 July 2021

The Attorney General

-v-

Desmond Patrick Poree

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

Age:  58.

Plea: Guilty.

Details of Offence:

On Friday 21^st June 2019 the police executed a search warrant at the defendant's home address in St Peter and the defendant was arrested.

A rucksack was found in the lounge of the property which contained herbal cannabis.  A safe on the sideboard also contained a plastic grinder and cannabis resin.

Cannabis resin was discovered in a jacket in the downstairs bathroom of the property.  A wooden box was also found which contained smoking debris including cannabis resin and some herbal cannabis, some of which was in a hand rolled cigarette.

The total weight of the herbal cannabis seized was 1024.34 grams and the total cannabis resin seized was 266.92 grams.

Details of Mitigation:

Should be treated as a man of good character, positive references, early guilty plea, personal use of the drugs, delay in proceedings causing financial hardship, good record of employment, supportive family, low risk of reoffending.  

Previous Convictions:

The defendant has two convictions for four offences committed in 1993 and 1984 (for the purposes of sentencing the Crown treated the defendant as being of good character).

Conclusions:

The Crown, having considered the defendant's lack of relevant previous convictions, low risk of reoffending and age of the offences, moved for a sentence of: 

Total:  190 Community Service Order.

No order for costs sought. 

Forfeiture and destruction of the drugs sought. 

Sentence and Observations of Court:

Forfeiture and destruction of the drugs ordered.

Crown Advocate S. C. Brown.

Advocate O A Blakeley for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        Desmond Patrick Poree, can you stand up please.  You are 58 years old and fall to be sentenced for an offence of possession of a very large amount of cannabis.  We treat you as a man of previous good character, as invited to do so by the Crown. 

2.        The police executed a search warrant at your home in St Peter on the 21^st June 2019 and found herbal cannabis and cannabis resin.  The herbal cannabis was over a kilogram in weight and contained in a rucksack.  The cannabis resin weighed in excess of 220 grams.  The total weight of cannabis was over 1.2 kilograms, which had it been sold on the street may have been worth in the excess of £20,000.00. 

3.        You were arrested and interviewed.  The interview took place on the 23^rd June and, through no fault of your own, it has been two years since you were interviewed, and you are in effect to be sentenced today on the basis of what you told the police then.  Namely, that you were a very heavy smoker of cannabis and that you had purchased the herbal cannabis for £3,000.00 on the day you were arrested. 

4.        You run a small business and you are on any view an extremely hardworking man.  We have read the references from all those who have spoken so well of you, and you should be grateful to all those who have written on your behalf saying such positive things about your character.  It is rare indeed to see so many excellent references from friends, colleagues, people that have known you for years, people who work with you, people who work for you and people who speak to the charitable work that you have done, both in Jersey and overseas. 

5.        Owing to the quantity of cannabis in this case you could have no complaints if the Court sentenced you to an immediate sentence of imprisonment, and certainly the offence is so serious that custody is justified.  But in view of your age, character, your guilty plea and the references that we have read, we have decided to suspend that period of imprisonment and we impose sentences as follows:

Count 2, six months imprisonment, suspended for one year

Count 4, two months' imprisonment, suspended for one year, both to run concurrent.

6.        We order the forfeiture and destruction of the drugs. 

7.        We note that for good solid medical reasons you are now prescribed cannabis by your doctor.  You should understand that if you were to possess cannabis unlawfully again, then you would be brought back to Court and there is a likelihood that the suspended sentence would be activated.

8.        What that means is that if you commit any offence including a drugs offence punishable by imprisonment within the period of suspension namely 12 months' you will be liable to punishment for that further offence and, also to receive 6 months' imprisonment consecutive to that offence.  Do you understand?

9.        Well, we hope and expect never to see you in this Court again, and you are now free to go save that you need to remain in Court for the purpose of signing some paperwork in relation to your suspended sentence. 

Authorities

Misuse of Drugs (Jersey) Law 1978

Campbell v AG [1995] JLR 136