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	Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> 1998/76 - AG v Humber [1998] UR 76 (17 April 1998) URL: http://www.bailii.org/je/cases/UR/1998/76.html Cite as: [1998] UR 76

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ROYAL COURT

(Samedi Division)

17 April 1998

Before: Sir Philip Bailhache, Bailiff, and

Jurats Gruchy and Le Brocq.

AG

-v-

Rodney Francis Humber

1 count of possession of a controlled drug, contrary to Article 6 (1) of the Misuse of Drugs (Jersey) Law 1978:

count 1: Cannabis resin.

1 count of supplying a controlled drug, contrary to Article 5 (b) of the Misuse of Drugs (Jersey) Law 1978:

count 2: Cannabis resin.

1 count of possession of a controlled drug with intent to supply, contrary to Article 6 (2) of the Misuse of Drugs (Jersey)

Law 1978:

Count 3: Cannabis resin.

Age: 28

Plea: Guilty

Details of Offence:

Defendant was stopped driving a motor car and searched. 23.05 grams of cannabis was found in a tobacco tin in the car, together with £160 in Jersey £20 notes. In the Magistrates Court the defendant was also charged with driving whilst unfit through drugs. This was not proceeded with in the Royal Court.

Details of Mitigation:

The amount very small: defendant wrote his own indictment in respect of Counts 2 and 3. Heroin addict making very good progress, clear of heroin for at least a year. Difficult domestic circumstances. Father fatally ill with cancer. Shared care of handicapped adult brother requiring 24 hour attention. In receipt of invalidity benefit following a serious physical assault leaving him with head injuries.

Previous Convictions: Nothing relevant 

Conclusions:

Count 1 - 1 years probation

Count 2 - 1 year probation with 120 hours community service

Count 3 - 1 year probation all counts concurrent

Sentence and Observations of Court:

1 year probation in respect of all counts. No community service. Observed that caring for father and brother would effectively be a form of community service. 

Mrs S Sharpe, Crown Advocate

Advocate A Messervy for the accused 

THE BAILIFF: The Crown Advocate has said, and the Court agrees, that the general policy of the Court is to send offenders to prison for trafficking in drugs. We have taken, however, account of the things which the Crown Advocate has said, and indeed, to an extent, which your Counsel has said, and in particular we have taken account of the background as set out in the Probation Report, and in the other papers which we have seen.

We think that the justice of this case would be met by placing you on probation for a year, but not imposing any other penalty upon you because we take very much into account the assistance which you give in the context of your own family, which we think is valuable assistance, and amounts, in some ways, to community service. So we are simply going to place you on probation for one year, subject to the usual conditions that you live and work as directed by the Probation Officer and that you be of good behaviour, but we will make no further order than that. We order the forfeiture and destruction of the drugs. 

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