Jersey Unreported Judgments

 2001/144

ROYAL COURT

(Samedi Division)

 

6^th July 2001

 

 

The Attorney General

-v-

Timothy Christopher James

 

 

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:	possession of a controlled drug with intent to supply, contrary to Article 6(2) of the Misuse of Drugs (Jersey) Law, 1978: count 2: cannabis resin.

 

 

Age:     22

 

Plea:    Guilty

 

Details of Offence:

The accused was arrested with others as he disembarked from a private yacht at the St Helier marina.  On searching his clothing a small amount of cannabis for personal use was located in his trouser pocket.  He immediately admitted that it was cannabis and that it was his.  A search by warrant was executed at his home address where, in his bedroom, three separate amounts of cannabis were located.  In particular two smallish amounts of cannabis were found on a hi-fi speaker and a large block of cannabis was found in a bag hidden behind a piece of furniture.  This larger piece was a "nine-bar" i.e. nine ounces of cannabis.  The total found in the accused's bedroom amounted to approximately three hundred grams.  There were deal lists located within the canvas bag.  The accused was unco-operative with the police and refused to answer questions put to him.  He entered a plea of not guilty to the charge of possession with intent to supply and only changed his plea a matter of nineteen days before his scheduled trial before the Court.

 

Details of Mitigation:

The accused had no previous drugs convictions.  He was twenty-two and was entitled to the residual mitigation afforded to him by youth.  He pleaded guilty, albeit late in the day.  He was a young man with much to offer society.  He was a competent  sailor and had passed examinations to teach dingy sailing.  He had learned his lesson by his brief foray into the drugs world and would not re-offend.  The quantities of drugs seized were relatively small with a street value of £1,440 and he was therefore a commercial dealer at the very lowest end of the scale.  

 

Previous Convictions:

Some for motoring but nothing relevant

 

Conclusions:

Count 1:	3 months' imprisonment;
Count 2:	9 months' imprisonment, concurrent.

 

 

Sentence and Observations of Court:

Count 1:	3 months' imprisonment;
Count 2:	8 months' imprisonment, concurrent.

The Court ordered the destruction of the drugs.  The Court reiterated its policy of imprisonment for persons who trade in drugs and indicated that none of the mitigation advanced by the defence created exceptional circumstances such as to justify a departure from that stated policy.  The Court, however, indicated that the starting point for these offences as submitted by the Crown, eighteen months' imprisonment for offences involving lower end of the scale commercial trading in drugs, was too high a starting point.  The Court said that it would be more appropriate for lower end of the scale commercial trading to have a starting point of twelve months' imprisonment.  Accordingly the Court reduced the conclusion of the Crown by one month. 

 

M. St. J. O'Connell, Crown Advocate.

Advocate R. Tremoceiro for the accused.

 

 

 

JUDGMENT

 

 

THE BAILIFF:

1.        James, you were dealing commercially in Class B drugs, albeit, as your counsel said, at the lower end of the scale.  We do not think, despite the persuasive arguments of your counsel, that any of the factors drawn to our attention amount to truly exceptional circumstances.  The Court has made its policy quite clear that, in general, drug dealers must expect to go to prison.  You have caused distress to your family and you, no doubt, will reflect on that during the period which you will spend in custody.

2.        Having regard to all the circumstances we think that the starting point taken by the Crown Advocate is, however, too high and we propose to adopt a starting point of 12 months' imprisonment.  We take account of all the mitigating factors mentioned by your counsel and the sentence of the Court is as follows: on count 1, you are sentenced to 3 months' imprisonment; on count 2, you are sentenced to 8 months' imprisonment, concurrent, making a total of 8 months' imprisonment.  We order the forfeiture and destruction of the drugs.

 

Authorities

A.G.-v-Swift (15^th May, 2000) Jersey Unreported; [2000/83].

A.G.-v-Sharman (18^th August, 2000) Jersey Unreported; [2000/167].

AG-v-Durkin (30^th October 1998) Jersey Unreported [1998/217]