Jersey Unreported Judgments

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Cite as: [2023] JRC 206

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Inferior Number Sentencing - drugs - possession or control of criminal property - failure to disclose keys.

[2023]JRC206

Royal Court

(Samedi)

3 November 2023

Before :

Sir Timothy Le Cocq, Bailiff, and Jurats Dulake and Berry.

The Attorney General

-v-

W

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

2 counts of:	Possessing a controlled drug with intent to supply, contrary to Article 8(2) of the Misuse of Drugs (Jersey) Law 1978 (Counts 1 and Count 5).
4 counts of:	Possessing a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978 (Counts 3a, 4a, 6 and 7).
1 count of:	Possession or control of criminal property, contrary to Article 30(1)(c) of the Proceeds of Crime (Jersey) Law 1999. (Counts 2).
1 count of:	Failing to comply with a notice requiring the disclosure of a key, contrary to Article 42F(1) of the Regulation of Investigatory Powers (Jersey) Law 2005 (Count 8).

Age: 20

Plea: Guilty

Details of Offence:

Count 1

On 17 May 2022, a member of the public found a suspicious package along a farm track. The bag was hidden in a hole and contained a parcel which smelled of cannabis. The Police were called and the bag was found to contain various carrier bags and packaging, which then contained three individual packages. The first package contained eleven individual zip-lock bags. The second and third each contained eight individual zip-lock bags. Four finger/palm marks were found on four separate zip-lock bags, each of which matched those of the Defendant. Each individual zip-lock bag contained between 1.87 and 3.37 grams of herbal cannabis. The total amount of herbal cannabis was 66.6 grams.

Counts 2, 3a, 4a, 5, 6 and 7

On 26 May 2022, officers were detailed to a wooded area in Trinity. A police officer and police dog began searching the area. The police dog gave an indication to the base of a tree and the police officer saw a white package underneath some plastic. The package was wrapped in a white carrier bag and was tied with a piece of string. The package was returned to the base of the tree. Other officers arrived shortly after and opened the package. The package was found to contain a hunting style knife, four 'Panama' ecstasy tablets, two small snap seal bags containing herbal cannabis, several vape vials and £10,270 in cash. Later the same day, a substitute package was placed in the same location. A motion activated camera was placed in the area and officers remained nearby, covertly monitoring the package. A couple of hours later, the Defendant cycled past and was seen to walk towards the location of the package. The Defendant could be heard to rummage through the plastic bag and then shout "fuck" before walking back towards his bike. He was then arrested. As he was arrested, he dropped an iPhone on the floor. The Defendant had placed the open substitute package in his rucksack. Also inside the rucksack was a small bag of herbal cannabis, another iPhone and a pair of black gloves.

The Defendant's finger/palm marks were found on the fifth layer of the original package, a snap seal bag and the cash seized. The drugs had a street value of £2,920 and £3,790.

Two metal grinders, carrier bags matching those in the original package and two safes were found. The Defendant refused to provide the passcodes to the safes, but entry was gained by force. One safe was found to contain various pieces of jewellery and £170 in cash.

Count 8

The Defendant refused to sign a notice requiring the disclosure of passcodes for the two mobile phones seized.

Details of Mitigation:

Guilty pleas, youth although credit for this is limited due to his repeated and serious offending, delay taken into consideration due to youth.

Previous Convictions:

The Defendant had two previous convictions for possession of cannabis and importation of LSD. He also had a previous conviction for failing to comply with a notice requiring disclosure of a key. The Defendant also has previous convictions for violence offences, larceny, possession of an offensive weapon and other public order offences.

Conclusions:

Count 1:	4 months' imprisonment.
Count 2:	2 years' imprisonment, concurrent to Count 1
Count 3a:	1 months' imprisonment, concurrent to Counts 1 and 2.
Count 4a:	1 months' imprisonment, concurrent to Counts 1, 2 and 3a.
Count 5:	2 months' imprisonment, concurrent to Counts 1, 2, 3a and 4a.
Count 6:	1 months' imprisonment, concurrent to Counts 1, 2, 3a, 4a and 5.
Count 7:	1 weeks' imprisonment, concurrent to Counts 1, 2, 3a, 4a, 5 and 6.
Count 8:	1 year imprisonment, consecutive to Counts 1, 2, 3a, 4a, 5, 6 and 7.

Total: 3 years' imprisonment.

Forfeiture and destruction of the drugs, two grinders and mobile telephone deferred to after confiscation.

Sentence and Observations of Court:

Conclusions granted.

Ms L. B. Hallam, Crown Advocate.

Advocate C. R. Baglin for the Defendant.

JUDGMENT

THE BAILIFF:

1. We have already addressed matters relating to forfeiture and confiscation and destruction of the instrumentalities and the drugs and that will be dealt with on a subsequent occasion.

2. Notwithstanding all of the things that have been said to us by your counsel, we are satisfied for reasons that will follow in due course, that the Crown's assessment of sentence is correct in this case. Accordingly, you are sentenced as follows:

(i) Count 1: 4 months' Youth Detention.

(ii) Count 2: 2 years' Youth Detention.

(iii) Count 3a: 1 months' Youth Detention.

(iv) Count 4a: 1 months' Youth Detention.

(v) Count 5: 2 months' Youth Detention.

(vi) Count 6: 1 months' Youth Detention.

(vii) Count 7: 1 weeks' Youth Detention, all of those to run concurrently.

(viii) Count 8: 1 years' Youth Detention, to run consecutively making a total of 3 years' Youth Detention.

Authorities

Misuse of Drugs (Jersey) Law 1978.

Proceeds of Crime (Jersey) Law 1999.

Regulation of Investigatory Powers (Jersey) Law 2005.