Jersey Unreported Judgments

[2004]JRC002

ROYAL COURT

(Samedi Division)

 

6^th January, 2004.

 

The Attorney General

-v-

Andrew John Jones;

Francis McFarland;

William Stanley Pinkowski.

 

Sentencing by the Superior Number of the Royal Court, to which the Defendants were remanded by the Inferior Number on 31^st October, 2003, following guilty pleas to the following counts:

 

Andrew John Jones

 

2 counts of:	Supplying controlled drugs, contrary to Article 5(b) of the Misuse of Drugs (Jersey) Law, 1978. Count 1: ecstasy. Count 9: amphetamine sulphate.
3 counts 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: ecstasy. Count 5: amphetamine sulphate. Count 7: cannabis.
1 count of:	Production of a controlled drug, contrary  to Article 5(a) of the Misuse of Drugs (Jersey) Law, 1978. Count 8 (cannabis).

 

[On 31^st October, 2003, the Crown accepted Not Guilty pleas to Counts 2, 4 and 6 of the indictment].

 

Age:     25.

 

Details of Offence:

Police executed a drugs warrant at the home address of McFarland.  Jones and McFarland were present when the Police arrived.  After McFarland denied the presence of drugs, the Police located 50 ecstasy tablets, 136.46 grams of amphetamine sulphate (street value £840), a nine bar of cannabis resin (257.87 grams with a street value of £1,444), together with some electronic scales.

During the search Pinkowski arrived at McFarland's house.  He was searched and found to be carrying 152 ecstasy tablets (street value £1,520).

During a search of Jones' home the Police seized 336 ecstasy tablets (street value £3,360), 39.94 grams of amphetamine sulphate (street value £335), 113.92 grams of cannabis resin (street value £640) and 4 cannabis plants, together with a bong, scales and glucose powder.  A search of Pinkowski's home was later conducted during with 13.99 grams of cannabis 1¼ ecstasy tablets, a set of scales and a suspected deal list were seized.

During subsequent interview Jones admitted to having sold approximately 1000 ecstasy tablets over the preceding month to persons unknown (count 1).  He admitted the drugs seized in his home belonged to him and that he would have diluted the amphetamine with the glucose in order to yield a ten fold profit.  It was later accepted that Jones would have sold around 734 grams of diluted amphetamine over the preceding month (count 9).

McFarland admitted supplying social quantities of cannabis to friends in the past (count 10) and to allowing them to smoke it in his house (count 11).  He also admitted to minding the ecstasy and amphetamine seized in his house.  He stated that the nine bar of cannabis found was a reward for holding the amphetamine.  He refused to name his supplier.  He said that he would have supplied a small quantity of the cannabis socially (count 15).

At interview Pinkowski stated that the 152 ecstasy tablets seized from his person were for his own personal use.  However, he could not produce an explanation as to why he had so many tablets on him at once.  He said that the list found in his house was a shopping list.

 

Details of Mitigation:

Guilty plea, wrote own indictment in relation to supply offences.

 

Previous Convictions:

One previous offence of possession of cannabis resin in 1997.

 

Conclusions:

 

Count 1:	6 years' imprisonment.
Count 3:	5 years' imprisonment.
Count 5:	8 month's imprisonment.
Count 7:	8 months' imprisonment.
Count 8:	2 months' imprisonment.
Count 9:	18 months' imprisonment, all concurrent.

 

Sentence and Observations of Court:

Conclusions granted.

 

Francis McFarland

 

1 count of:	Supplying controlled drugs, contrary to Article 5(b) of the Misuse of Drugs (Jersey) Law, 1978. Count 10: cannabis.
1 count of:	As occupier of premises, permitting smoking of cannabis, cannabis resin, or prepared opium, contrary to Article 9(c) of the Misuse of Drugs (Jersey) Law, 1978.  (Count 11).
3 counts of:	Possession of a controlled drug with intent to supply, contrary to Article 6(2) of the Misuse of Drugs (Jersey) Law, 1978. Count 13: amphetamine sulphate. Count 15: cannabis Count 17: ecstasy.
1 count of:	Possession of a controlled drug, contrary to Article 6(1) of the Misuse of Drugs (Jersey) Law, 1978. (count 14: Cannabis).

 

[On 31^st October, 2003, the Crown accepted Not Guilty pleas to Counts 12 and 16 of the indictment].

Age:     36.

 

Details of Offence:

See Jones above.

 

Details of Mitigation:

Guilty plea, no previous drug offending, wrote his own indictment in relation to supply offences, leg injury, young family.

 

Previous Convictions:

Old offences of criminal damage and disorderly on licensed premises.

 

Conclusions:

 

Count 10:	3 months' imprisonment.
Count 11:	3 months' imprisonment.
Count 13:	12 months' imprisonment.
Count 14:	6 months' imprisonment.
Count 15:	3 months' imprisonment.
Count 17:	4 years' imprisonment, all concurrent.

 

Sentence and Observations of Court:

Conclusions granted.

 

William Stanley Pinkowski

 

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 19: ecstasy.
2 counts of:	Possession of a controlled drug, contrary to Article 6(1) of the Misuse of Drugs (Jersey) Law, 1978. Count 20: cannabis. Count 21: ecstasy.

 

[On 31^st October, 2003, the Crown accepted Not Guilty pleas to Count 18 of the indictment].

Age:     21.

 

Details of Offence:

See Jones above.

 

Details of Mitigation:

Guilty plea, no previous drug offending, youth.

 

Previous Convictions:

Five previous convictions including theft and grave and criminal assault.

 

Conclusions:

 

Count 19:	4 years' imprisonment.
Count 20:	2 months' imprisonment.
Count 21:	2 months' imprisonment, all concurrent.

 

Sentence and Observations of Court:

Conclusions granted.

 

 

C.M.M. Yates, Esq., Crown Advocate.

Advocate R. Juste for A. J. Jones.

Advocate J. Bell for F. McFarland.

Advocate J. C. Gollop, for W.S. Pinkowski

 

 

 

JUDGMENT

 

 

 

THE BAILIFF:

1.        These three defendants are to be sentenced for different offences involving the misuse of drugs and we propose therefore to deal with each separately.

2.        Jones has pleaded guilty to supplying 1,000 ecstasy tablets over a period of one month.  He has also pleaded guilty to possession with intent to supply of a further 336 ecstasy tablets seized at the time of his arrest.  His dealing apparently involved the supply of 100 to 200 tablets at a time.  He was a wholesale dealer of Class A drugs. 

3.        He is also to be sentenced for offences of trafficking in amphetamines and cannabis resin and for cultivating cannabis plants.  The Crown Advocate has taken a number of different starting points but following the guidance of the Court of Appeal in Valler -v- A.G. [2002] JLR383 and other guideline cases, we will adopt a single starting point of 10 years' imprisonment.  We arrived at that figure by applying the  Bonnar and Noon -v- A.G. [2001]JLR626 guidelines to the admitted number of ecstasy tablets supplied and in the possession of the accused and by considering the level of the chain of supply at which he operated and the extent to which he was involved in drug trafficking.

4.        In mitigation Jones has pleaded guilty to the indictment.  His plea is of particular value in relation to counts 1 and 9 where he effectively wrote his own indictment.  He was frank and co-operative with the Probation Service and with the authorities.  He is still a young man.  He has a previous conviction but that was over 6 yeas ago.

5.        We have taken all those factors into account.  The fact remains, however, Jones, that you knew full well what you were doing and we have to punish you for the serious offences to which you have pleaded guilty.  The conclusions of the Crown Advocate are granted and you are sentenced on count 1, to 6 years' imprisonment; on count 3, to 5 years' imprisonment; count 5, to 8 months' imprisonment; on count 7, to 8 months' imprisonment; on count 8, to 2 months' imprisonment; on count 9, to 18 months' imprisonment, all those sentences to run concurrently, making a total of 6 years' imprisonment

6.        McFarland has pleaded guilty to possession with intent to the supply of some 50 ecstasy tablets.  He was minding them for a supplier together with a fairly large quantity of amphetamines.  He was also in possession of a quantity of cannabis for his own use, although he admitted to sharing cannabis with friends and supplying them to that end and to allowing his premises to be used for the smoking of cannabis.

7.        McFarland is a family man with 4 children, the eldest of whom is, we are told, 9.  It is an aggravating feature that he risked corrupting his children by misusing drugs in what was also their home. 

8.        We have considered carefully the matters set out in the Probation Report and also in the Alcohol and Drug Service Report.  In particular, we have considered the impact which a prison sentence will have upon McFarland's family.  It is a sad fact that offending of this kind does cause misery and financial hardship to the offender's family.  On the other hand McFarland is a mature man who knew, or must have known, the possible consequences of his actions.

9.        We take a starting point in his case of 7 years' imprisonment.  In mitigation McFarland has pleaded guilty to the indictment and as the Crown Advocate has rightly said some of those pleas are of particular significance in that there is no other evidence of those offences against him.  He has no previous drug related conviction and is in effect to be treated as a first offender.  We have taken account of all the references and letters put before us, which serve to underline the unhappy consequences of committing offences of this kind.

10.      McFarland, the conclusions are granted.  On count 10, you are sentenced to 3 months' imprisonment; on count 11, to 3 months' imprisonment; on count 13 , to 12 months' imprisonment; on count 14, to 6 months' imprisonment; on count 15, to 3 months' imprisonment; and on count 17 to 4 years' imprisonment, all to run concurrently, making a total of 4 years' imprisonment.

11.      We turn finally to Pinkowski, who has pleaded guilty to a single count of possession with intent to supply of 152 ecstasy tablets and to simple possession of cannabis and a further ecstasy tablet.  He has been misusing drugs for many years.  He has a bad record of previous convictions.  Notwithstanding his family's precarious financial position he was spending some £70 to £90 per week on drugs for his personal use.

12.      In mitigation he is a young man and was only 20 at the time of his arrest.  He has pleaded guilty to the indictment and that plea was entered at an early stage.  This is his first drugs offence and he has never been in custody before.  He has expressed his remorse and regret for the offences that he has committed.  We have taken all those matters into account and the submissions of counsel persuasively urged on his behalf.  We think, however, that the offences must be punished in the way moved for by the Crown Advocate. 

13.      The conclusions are accordingly granted.  We take a starting point of 7 years' imprisonment, and on count 19, you are sentenced to 4 years' imprisonment; on count 20, to 2 months' imprisonment; on count 21, to 2 months' imprisonment, concurrent making a total of 4 years' imprisonment.  We order the forfeiture and destruction of the drugs.

Authorities

Bonnar and Noon -v- A.G. [2001]JLR626.

Campbell & Ors -v- A.G. [1995] JLR 136.

A.G. -v- Welsh (3^rd February, 2000) Jersey Unreported; [2000/21].

Morgan & Schlandt -v- A.G. (24^th April, 2001) Jersey Unreported; [2001/88].

Valler -v- A.G. [2002] JLR383.

Whelan: Aspects of Sentencing in the Superior Courts of Jersey (2^nd Ed'n): p. 50.