Jersey Unreported Judgments

Superior Number Sentencing - drugs - possession - supply - Class A and Class B.

[2023]JRC059

Royal Court

(Samedi)

17 April 2023

Before     :

R. J. MacRae, Esq., Deputy Bailiff, and Jurats Christensen MBE., Entwistle, Thomas, Pitman and Ramsden.

The Attorney General

-v-

Kahmal Ali Coughlan

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

1 count of:	Concealing criminal property, contrary to Article 31(1) of the Proceeds of Crime (Jersey) Law 1999 (Count 1).
1 count of:	Being concerned in the supply of a controlled drug, contrary to Article 5(c) of the Misuse of Drugs (Jersey) Law 1978 (Count 2).
1 count of:	Being concerned in the supply of a controlled drug, contrary to Article 5(c) of the Misuse of Drugs (Jersey) Law 1978 (Count 3).
1 count of:	Being concerned in the supply of a controlled drug, contrary to Article 5(c) of the Misuse of Drugs (Jersey) Law 1978 (Count 4).

Age:  19.

Plea: Guilty.

Details of Offence:

On 12 October 2021, police executed a search warrant at the Defendant's home address and seized small amounts of cannabis, drug paraphernalia, £338 cash, and a mobile phone. 

 

In his first interview the Defendant admitted possessing the cannabis but denied being involved in the supply of controlled drugs and refused to sign bank disclosure authorities for his bank accounts.

 

The Defendant's mobile phone was downloaded and found to contain several messages relating to the supply of cannabis, LSD and ecstasy.  The Defendant's mobile phone search history was analysed and there were a number of search terms relating to cannabis and ecstasy.  Drug expert DS McGranahan analysed and interpreted the messages and is of the opinion that the Defendant was concerned in the supply of 100 doses of LSD (Count 3), either two ecstasy pills or two grams of cannabis (Count 2) and two pills of ecstasy (Count 4).  The Defendant was interviewed again and said that he merely acted as a "middleman" in these deals but would only do this for his family and friends; he "wouldn't just help anyone out".  The Defendant provided the Crown with a basis of plea in which he accepts that the phone messages refer to 100 doses of LSD, two grams of cannabis and two ecstasy pills.  This basis was accepted by the Crown.

 

On 30 November 2021, whilst remanded at HMP La Moye on other charges, the Defendant spoke to his then girlfriend.  Knowing that his accounts were about to be frozen, he told her to "get to my mum's and get that fucking money out my Lloyds account" as "they're gonna seize my accounts and that means I'll lost all my money. Get that money out of my account".  On 30 November 2021 the Defendant's then girlfriend withdrew £360 from the Defendant's Lloyds Bank account reducing the balance of the account to £16.55 (Count 1).

 

The Defendant admitted in interview that he had asked his then girlfriend to withdraw money from his bank account as he had been told his account would be frozen.  He stated that the money in the account was legitimate money from his employment.  He wanted to withdraw it so it would not be seized. 

 

The Defendant was also being sentencing for breaching his community service order imposed on 19 November 2020 by non-compliance and for committing these further offences while the order was in place.

 

Details of Mitigation:

Early guilty pleas, youth, substantial delay, and late amendment to indictment.  Sentence for the 2020 offence was in excess of 180 hours, contrary to the later decision of the Superior Number in Y v AG (the Defendant was 16 at the time of those offences).

Previous Convictions:

Convictions for in excess of 50 offences, including six previous convictions for drug offences including convictions for trafficking offences relating to Class A and B drugs.

Conclusions:

Count 1:	6 months' imprisonment.
Count 2:	16 months' imprisonment, concurrent.
Count 3:	4 years' imprisonment, concurrent.
Count 4:	4 years' imprisonment, concurrent.

Breach of Community Service Order: 2 months' imprisonment, consecutive to Counts 1 to 4.  

Total:  4 years' and 2 months' imprisonment.

Declaration benefit in the sum of £7,500 and Confiscation order in the sum of £1,126.56 sought. -

Forfeiture and destruction of all the drugs and drug paraphernalia seized along with the Defendant's mobile telephone sought. 

No costs order sought.

Sentence and Observations of Court:

Count 1:	6 months' Youth Detention.
Count 2:	6 months' Youth Detention, concurrent.
Count 3:	2 years' Youth Detention, concurrent.
Count 4:	12 months' Youth Detention, concurrent.

Breach of Community Service Order - remainder of order revoked, no further order. 

Total:  2 years' Youth Detention.

Forfeiture and destruction of all the drugs and drug paraphernalia seized along with the Defendant's mobile telephone ordered.  

Confiscation not agreed.  Adjourned to 19 May 2023 for order to be made or hearing fixed. 

Crown Advocate L. B. Hallam.

Advocate N. B. R. Mière for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        Kahmal Coughlan you are 19 years old and fall to be sentenced for offences you committed when you were aged 17 and 18 years.  The offences were all connected to drug dealing and notwithstanding your youth you have previous convictions for such offences.  

2.        In March 2020 you were convicted of possession of cannabis when you were aged 16.  In November 2020 you were ordered to perform 240 hours community service by this court in respect of offences including possession with intent to supply a Class A drug MDMA.  Those offences were committed in November 2019 when you were 16 years old.  

3.        In March 2021 you were fined by the Youth Court for possession of Class A and Class B drugs and finally in December of 2021 again before this Court, you were placed on probation for one year and sentenced to a term of youth detention for possession and importation of controlled drugs, namely cannabis. 

4.        Accordingly, notwithstanding your age you have already amassed a significant criminal record for offences involving controlled drugs.  The offences you fall to be sentenced for today were all committed between April and November of 2021.  However, notwithstanding the fact that you have pleaded guilty to these offences you were only charged with them recently and in the case of Counts 3 and 4, very recently indeed.  

5.        When the Crown was given leave to amend the Indictment in your case on 23 March 2023 it was made clear by the Court that the delay in this case was not your fault and that it would be taken into account to your benefit when you fell to be sentenced.  The delay and the reasons for the delay and the likely effect on your sentence are explained in the judgment dated 23 March 2023 which we do not repeat today, and is shortly to be published.  We take full account of that delay, today particularly as it relates to the most serious counts on the Indictment, counts 3 and 4, the offences involving you being concerned in the supply of Class A drugs and your sentence will be reduced accordingly.  

6.        We will deal with the facts of the offences briefly.  On 12 October 2021 police executed a search warrant at the home of another person.  Enquiries from that arrest led to you.  You were arrested the same day and at your home the police seized cannabis, digital scales and £338 in cash.  Your mobile phone was analysed and found to contain a number of very suspicious messages indicating you had been involved in the supply of cannabis, LSD and Ecstasy. 

7.        It was clear from your telephone records that you were interested in importing and selling drugs and indeed you had made a search in relation to the sentencing for importation of drugs.  Overall, the messages show that you were concerned in the supply of 100 units or doses of LSD, a small quantity of cannabis and two ecstasy pills. 

8.        When you were interviewed in November 2021 you said that you acted as a middleman in relation to deals for the supply of cannabis.  You said that you purchased 10 grams of cannabis per week for yourself and others expected you to, in your words, "sort them out from this amount."  At that stage you denied dealing in Class A drugs. 

9.        The offence of concealing criminal property at count 1 of the Indictment occurred on 30 November 2021.  Whilst in custody a La Moye when you told your then girlfriend to clear the money in your Lloyd's bank account because you knew it would be seized soon by the police.  This she did, withdrawing £360 from your account leaving a balance of £16.55.  By your guilty plea to Count 1 you accept that you have concealed criminal property, namely cash which you knew or suspected constituted to your benefit from your criminal conduct, the supply of controlled drugs.  You admitted this offence in you third interview on 9 March 2022.

10.      In respect of the Community Service Order imposed by this Court in November 2020 it was extremely difficult for the community service organisers to get you to complete the hours.  There were various breaches of the order.  Second and third and fourth chances were given to you to complete the order, which were particularised by the Crown today. 

11.      Finally on the 7 December 2022 some two years after the order was made you were given one final chance to complete the remaining 15 hours, but in January of this year you failed to attend the two scheduled sessions.  However, you did carry out the lion's share of the unpaid work that you were required to do and instead of resentencing you for the offence for which you were sentenced in 2020, we have, in view of your age and the other circumstances of this case, decided to revoke the outstanding portion of the order and make no further order.  In any event the community service manger no longer considers you suitable for community service which reduces the options available to the Court today.  

12.      As we have said you pleaded guilty to Counts 1 and 2 in the Magistrate's Court on 5 January 2023, that is to say at the first opportunity.  After the late application to amend the Indictment you pleaded guilty to the other offences at Counts 3 and 4, at the first opportunity in this Court in March 2023.

13.      You have been on bail for a substantial period of time now and you have not reoffended, it appears, for over a year.  You told the Probation officer that you do not regret your offending and you do not accept that Class A drugs can pose a significant risk.  That is incorrect and the reason that Class A drugs are categorised as such is that they can in circumstances create a significant risk to public health, and of course can kill. 

14.      You say you have only ever sold drugs to those who want them, but this we are afraid is no excuse and no mitigation for the offences to which you pleaded guilty.  For most of last year you were in full time employment.  The Probation officer says that these offences need to be viewed in the context of your lifestyle at the time including substance abuse, your friendship group, unemployment and lack of occupation.  As we have said, you have been out of trouble for a year with the exception of being fined £400 last year for a breach of the peace.  The Probation officer says you remain involved in drug use, and that you are still connected to users and dealers which is a matter of concern.

15.      You spent a long period of time as a looked after child and you are distressed that owing to your offending you and you alone amongst your younger siblings were placed in care from November 2019 until July 2021, a period nearly two years.  We have read that as a care leaver you now supported, and although at one stage you were living in a guest house, you were provided with a one-bedroom flat last year.  Your mentor, who administered your care leaving package, says that you have accepted the support you have been given and you have made good choices and have the ability to live independently in the community.  A custodial sentence would mean that you will lose your accommodation, which is unfortunate. 

16.      You have worked since these offences for a demolition company for a year.  You left that employment in November of last year and have carried out casual work since.  The Probation officer says you have a good work ethic when you apply yourself, and the officer adds that you have matured over the last year, but you remain at very high risk of reconviction in their assessment owing to the risk factors in this case such as your numerous previous convictions, your association with known offenders and your continued involvement in drug misuse.  You continue to use cannabis daily.  Your Probation officer says that you are resigned to a custodial sentence and observe that although a custodial sentence would jeopardise your employment, your accommodation, your employment prospects and access to community based therapeutic interventions, these are factors which the Probation officer says should have deterred you from offending in the first place.  Probation supervision has had little impact upon your lifestyle choices and the Probation officer is unable to offer the court a community-based recommendation in your case. 

17.      As a sentence, as we have said, you will receive full credit for your guilty pleas.  You are only 19 and committed these offences some time ago when you were aged 17/18, and in any event, we have regard to Article 4 of the Criminal Justice (Young Offenders) (Jersey) Law which provides that the court shall not pass a sentence of Youth Detention unless the statutory criteria are met.  Unfortunately, those criteria are met in your case owing to your history of failure to respond to non-custodial penalties and the seriousness of the offences at Counts 3 and 4.  The Crown seeks a total sentence of 4 years' and 2 months' imprisonment which in our view is too long, and gives little or no credit for your youth, the delay to which we have referred, the fact that you have largely been out of trouble for over a year which is to your credit and the other matters to which we have referred.  

18.      The sentences that we impose are as follows:

(i)        Count 1, 6 months' Youth Detention.

(ii)       Count 2, 6 months' Youth Detention, concurrent.

(iii)      Count 3, we agree with the Crown (as does your counsel) that the starting point is 7 years' Youth Custody - the sentence we impose is 2 years' Youth Detention.  

(iv)      Count 4, the sentence is 12 months' Youth Detention.

making a total of 2 years' Youth Detention. 

19.      We note that Kira Miles your mentor describes you as a bright young man who does not want to spend your life in and out of prison.  We hope that you get the best out of the help that you will be offered in custody, and we hope that when you are released you make the right choices to get the most out of your life.  We earnestly hope that we do not see you in the Royal Court again. 

Authorities

Misuse of Drugs (Jersey) Law 1978.

Proceeds of Crime (Jersey) Law 1999.

Criminal Justice (Young Offenders) (Jersey) Law 2014.

AG v Hagin [2020] JRC 176.

AG v Goodwin [2016] JRC 165.

Hagin v AG [2020] JCA 247.

Campbell v AG [1995] JLR 136.

AG v Gilbraith and Rawlinson [2017] JRC 155.

AG v Le Jehan [2022] JRC 045.

AG v Quemard [2022] JRC 269.

Bonnar and Noon v AG [2001] JLR 626.

McDonough v AG [1994] JCA 193.

AG v Antunes & Ors [2003] JRC 072.

AG v Taylor [2019] JRC 027.

Y v AG [2021] JRC 143.