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Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> AG v Santos [2023] JRC 126 (21 July 2023)
URL: http://www.bailii.org/je/cases/UR/2023/2023_126.html
Cite as: [2023] JRC 126
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Inferior Number Sentencing - drugs - supply - Class A and Class B
|
Before : |
R. J. MacRae, Esq., Deputy Bailiff, and Jurats Hughes and Berry |
The Attorney General
-v-
Paulo Ricardo Assuncao Santos
Sentencing by the Inferior Number of the Royal Court, following a guilty plea to the following charges:
|
3 counts of: |
Possession of a controlled drug with intent to supply it to another, contrary to Article 8(2) of the Misuse of Drugs (Jersey) Law 1978 (Counts 1, 2 and 3) |
|
1 count of: |
Being concerned in the supplying of a controlled drug, contrary to Article 5(c) of the Misuse of Drugs (Jersey) Law 1978 (Count 4). |
Age: 18.
Plea: Guilty.
Details of Offence:
On 7 November 2022, just before 2 o'clock in the morning, the Defendant was stopped by a police officer. He told the officer that he had been out on a 'bender' and when the officer asked him if drugs had been involved the Defendant became nervous and tried to back away from him. The Defendant was detained for a search under the Misuse of Drugs (Jersey) Law. The reasons for the search were explained to the Defendant. The Defendant was asked if there was anything in his bag the officer should know about, to which he replied "no". When asked to remove his rucksack the Defendant queried why and then began to run away but the officer was able to grab hold of him to prevent him from doing so. It was again explained to the Defendant why he was detained. The Defendant was then cooperative and explained that he had some "smoke". During the search PC Maguire seized a small nugget of cannabis resin and £425 cash.
The Defendant was arrested on suspicion of being in possession of controlled drugs with an intent to supply. The Defendant was then transported to Police Headquarters. On arrival at Police Headquarters the Defendant's rucksack was searched and the following were seized -
1. 24 'Bob Marley' bags containing 22.33 grams of cocaine;
2. 1 'Bob Marley' bag containing 898 milligrams of cocaine;
3. Multiple empty 'Bob Marley' bags;
4. A clear bag containing 32.49 grams of herbal cannabis (Count 2);
5. A black zip lock bag containing 3.86 grams of herbal cannabis (Count 2);
6. A tobacco pouch containing 19.84 grams of cannabis resin (Count 3);
7. Black and orange scales with cannabis residue on them; and
8. A white iPhone with a cracked screen.
In total the Defendant was found in possession of 23.22 grams of cocaine, 41.27 grams of herbal cannabis and 20.86 of cannabis resin.
The Defendant's mobile phone downloaded and was found to contain a number of messages relating to the supply of controlled drugs, including messages relating to the supply of cocaine, herbal cannabis and cannabis resin. There were also messages on 4 November 2022 which related to the supply of 1 gram of Ketamine (Count 4).
Details of Mitigation:
Guilty pleas, youth, previous good character.
Previous Convictions:
None.
Conclusions:
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Count 1: |
180 hours Community Service Order, equivalent to 12 months' youth detention. 12 month Probation Order. |
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Count 2: |
50 hours Community Service Order, equivalent to 1 month's youth detention. 12 month Probation Order. |
|
Count 3: |
50 hours Community Service Order, equivalent to 1 month's youth detention. 12 month Probation Order. |
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Count 4: |
40 hours Community Service Order, equivalent to 1 week's youth detention. 12 month Probation Order |
All sentences to run concurrently.
Total: 180 hours Community Service Order, equivalent to 12 months' youth detention and a 12 month Probation Order.
Declaration of benefit in the sum of £4,915 and Confiscation Order in the sum of £425 sought.
Forfeiture and destruction of drugs and drug paraphernalia, and the Defendant's white Apple iPhone sought.
Sentence and Observations of Court:
|
Count 1: |
180 hours Community Service Order, equivalent to 12 months' youth detention. 12 month Probation Order. |
|
Count 2: |
50 hours Community Service Order, equivalent to 1 month's youth detention. 12 month Probation Order. |
|
Count 3: |
50 hours Community Service Order, equivalent to 1 month's youth detention. 12 month Probation Order. |
|
Count 4: |
50 hours Community Service Order, equivalent to 1 month's youth detention. 12 month Probation Order. |
All sentences to run concurrently.
Total: 180 hours Community Service Order, equivalent to 12 months' youth detention and a 12 month Probation Order.
Declaration of benefit in the sum of £4,915 and Confiscation Order in the sum of £425 made.
Forfeiture and destruction of drugs and drug paraphernalia, and the Defendant's white Apple iPhone ordered.
L. Sette Esq., Crown Advocate.
Advocate S. E. A. Dale for the Defendant.
JUDGMENT
THE DEPUTY BAILIFF:
1. Paulo Santos, you are 18 years old and were aged 17 when you committed these serious offences.
2. On 7 November last year, just before 2am, you were seen walking along Rouge Bouillon. A police officer spoke to you and you said you had been out on a "bender". When he asked if drugs were involved you became anxious. You were detained for a search and you tried to run away. In your rucksack was found approximately 23 grams of cocaine with a street value of between £2,760 and £5,060, 41 grams of herbal cannabis with a street value of between £1,230 and £1,640 and just under 21 grams of cannabis resin with a street value of between £500 and £700. Cash was also found on you in the sum of £425.
3. Subsequent mobile telephone analysis showed that you, notwithstanding your age, were actively dealing in cocaine and cannabis and had agreed to supply ketamine.
4. You knew the quality of the cocaine you were selling and the price and were aware that you were selling two separate strains of cannabis. You were an active street dealer of Class A and Class B drugs. You should be in absolutely no doubt at all that had you been an adult, you would now be commencing a lengthy period of imprisonment measured in years and not months.
5. The starting point for the most serious offence on this Indictment at Count 1 is 8½ years' imprisonment. Even with your guilty plea, previous good character and other mitigation I am sure that you fully understand that you would now be starting a prison sentence several years in length. Even your own counsel accepts the sentence would be at least 4½ years in length.
6. What saves you from doing so is, in part, your early guilty plea and previous good character but the greatest consideration for us has been your age.
7. We are fully aware of the provisions of Article 4 of the Criminal Justice (Young Offenders) (Jersey) Law 2014 and the principle that a custodial sentence for a young offender is a last resort.
8. Had you any previous convictions for drugs offences then you would now be commencing a substantial custodial sentence, notwithstanding your youth.
9. We have narrowly decided that your offending, although serious, is not, in view of your age, so serious that a non-custodial sentence cannot be justified.
10. This has not been an easy decision for the Court to reach and we would be quite entitled to impose a sentence of youth custody today.
11. Mr Santos you told the Probation Officer that you do not want to live the life of a drug dealer and you do not want to spend considerable amounts of your life in custody. This is a decision for you to make and we hope that you make the right decision. We have read the letter that you have sent to us and you said:
"I just wanted to say that since I have been arrested I learnt and seen how drugs effect the community in a negative way and how they can ruin lifes and familys and I don't want to be apart of that life no more I wanna make a change to the community for the best"
Well we hope that you mean that and we hope that your family and friends present today, hear that and will support you in that.
12. You should understand that you are being given a chance today, and if you fail to comply with the Community Service and Probation Orders that we are imposing upon you, you will be brought back to this Royal Court and almost inevitably sentenced to a period of youth custody. Do you understand that?
13. The sentence we impose is equivalent to 12 months youth detention and is as follows:
(i) Count 1, 180 hours Community Service and 12 months' probation, the period of Community Service being equivalent to 12 months youth detention;
(ii) Count 2: 50 hours Community Service concurrent, the equivalent to 1 month youth detention and 12 months' probation.
(iii) We impose the same sentences as Count 2 on Counts 3 and Counts 4.
All sentences to run concurrently, making a total sentence of 180 hours Community Service and a 12 month Probation Order. The Probation Order we are imposing today will, we hope, help address the issues that led to you committing these offences.
14. Declaration of benefit in the sum of £4,915 and Confiscation Order in the sum of £425 made.
15. Forfeiture and destruction of drugs and drug paraphernalia, and the Defendant's white Apple iPhone ordered.
16. We hope we will not see you again in this Court or any court.
Authorities
Criminal Justice (Young Offenders) (Jersey) Law 2014.