Jersey Unreported Judgments

Inferior Number Sentencing - drugs - possession -  Class B and Class C.

[2022]JRC067

Royal Court

(Samedi)

11 March 2022

The Attorney General

-v-

Stewart Duncan McGrogan

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

Age:  55.

Plea: Guilty.

Details of Offence:

On Friday 26^th March 2021, Police executed a search warrant at the Defendant's home address.  No drugs were found during the search, but cash and digital scales were seen.  Later that day police executed a search warrant at the home address of Ms A ("the Property"), a friend of the Defendant.  The property is approximately 50m away from the Defendant's flat.  Ms A was in the UK receiving cancer treatment when the search warrant was executed.  Entry was forced and officers located seven bars of cannabis resin weighing a total of 684.52 grams behind a kickboard underneath one of the kitchen units.  

The Defendant was arrested on suspicion of possession with intent to supply cannabis.  He was in possession of a key which fitted the patio door of the Property and two diazepam tablets.

In Police interview the Defendant admitted that the seven bars of cannabis belonged to him but denied an intention to supply.

At trial, the Defendant was acquitted of possession of cannabis with intent to supply.

Details of Mitigation:

Guilty plea, admissions made in police interview that the cannabis was his.

Previous Convictions:

Twelve previous convictions, none drug related.

Conclusions:

Total:   100 hours' Community Service Order.

Forfeiture and destruction of the drugs sought.

Sentence and Observations of Court:

Total:   100 hours' Community Service Order.

12 months' Probation Order made.

Forfeiture and destruction of the drugs ordered.

Crown Advocate L. B. Hallam.

Advocate L. Sette for the accused.

JUDGMENT

THE BAILIFF:

1.        You are to be sentenced today for one count of possession of cannabis and one count of possession of diazepam.  The offences came to light when the police executed a search warrant at your home address in St. Clement, and although no drugs were found, cash and digital scales were noted to be present.  Later that day the police executed a search warrant at the home address of a friend of yours who was in the UK receiving medical treatment.  Entry was forced and the officers located the bars of cannabis resin weighing a total of 684.52g behind a kick board underneath one of the kitchen units.  Later that day you were arrested on suspicion of possession with intent to supply and following a search a key to your friend: property was found and a mobile phone and two diazepam tablets were seized as well. 

2.        You freely admitted in interview that the cannabis belonged to you and that your friend had no idea that you were storing cannabis in her property.  You purchased it in bulk for personal use as you self-medicated for back pain.  You claimed that you would smoke 1 gram every day and a half and had purchased the bars of cannabis the previous week for around £14,600. 

3.        In connection with Count 1 on the indictment, namely possession with intent to supply, you were tried before the Inferior Number, and you were found not guilty of that offence.  An amended indictment was put containing Count 1A for possession of the cannabis and you entered a guilty plea.  You were remanded on conditional bail for sentencing today. 

4.        Simple possession of class B drugs carries a maximum of 5 years imprisonment.  There are no relevant sentencing guidelines for simple possession.  In the AG v Porée [2021] JRC 190, a 58 year old offender of previous good character pleaded guilty to possession of approximately 1200 grams of cannabis resin.  The Court in that case said that he could have no complaints if the Court sentenced him to an immediate sentence of imprisonment and it was certain that the offence is so serious that custody is justified.  He was in the event sentenced to 6 months' imprisonment which was suspended for 1 year, the Court taking into account his age.  

5.        Although you are not of good character, having a number of previous convictions recorded against you, there are no convictions in connection with drugs.  You have the benefit of a guilty plea in relation to possession counts and you volunteered that the cannabis found in your friend's property was yours and that she had nothing whatever to do with it.  You are assessed at being medium risk of reconviction and you are also assessed as being suitable for Community Service. 

6.        We note the other points of mitigation available to you.  It is clear that you are hardworking and there is an excellent reference from your employer, and we note the letters of support and commendation from your friends and family and your own letter of remorse, and we take these letters that are speaking very well of you indeed and your remorse as genuine.  

7.        You have also stopped the use of illegally obtained cannabis and you have turned your life around in one sense in that you use only prescribed medication. 

8.        In the view of the Court, it would be perfectly reasonable for us to sentence you to a term of imprisonment because these are substantial quantities of drugs.  The Crown considers that a total sentence of 4 months would be appropriate were imprisonment to be imposed and the Court does not demure from that assessment.  However, as both the Crown and the Defence urge upon us, we are prepared to deal with this matter by a non-custodial disposal and you are according sentenced as follows:

(i)        We impose on you a 12 months' Probation Order and we order that you will conduct 100 hours of Community Service which is the equivalent of 4 months' imprisonment with regard to Count 1A.

(ii)       We make no separate penalty with regard to Count 3.

9.        We order the forfeiture and destruction of the drugs seized in this case.

Authorities

Misuse of Drugs (Jersey) Law 1978.

AG v Porée [2021] JRC190.