Jersey Unreported Judgments

Drugs - Bail application

[2021]JRC007A

Royal Court

(Samedi)

15 January 2021

Before     :

R. J. MacRae, Esq., Deputy Bailiff, and Jurats Olsen and Blampied

The Attorney General

-v-

Oliver Samuel Hall

Ms L. B. Hallam, Crown Advocate.

Advocate J. C. Gollop for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        These are serious offences to which you have pleaded guilty, particularly the offence of production of cannabis at Count 4 on the Indictment, and you have a bad record including a sentence of 5½ years' imprisonment for a serious offence involving possession of cannabis with intent to supply. 

2.        So, you should be prepared for a custodial sentence in due course.  In order to grant you bail today we need to be persuaded that there are exceptional circumstances and, on the evidence that is before us we note: -

(i)        That there is, from the material provided to us, an indication that you have turned the corner in your life and become settled and established.

(ii)       That you have secure employment.  We note the letter for your employer in which he says that you are "working hard to rebuild your life" and that you have, in his words "proven to us that taking a risk on someone can definitely be worthwhile".

(iii)      You are in an established relationship with your fiancé.

(iv)      You are expecting your first child together, and her first child, on 15^th February, and it is said that, and we accept, that it is important if at all possible, for you to be there when the child is born and in its early weeks.

(v)       Your partner relies on you.  She has written to the Court and she currently faces various particular health challenges.  That is supported by the independent evidence of her doctor who has also written to the Court setting out those challenges.

(vi)      We take into account the fact that because there is to be a Newton Hearing in this case at the end of April, the earliest that you would be sentenced would probably be in June of this year.

3.        None of these circumstances on their own amount to exceptional circumstances but, in combination, we are just persuaded that collectively they do and you may remain on bail, certainly until the conclusion of the Newton Hearing and in the first instance to the Directions Hearing to which you are bailed on 27^th January at 10am.

4.        We do release you on bail subject to the conditions that your counsel has considered with you this morning.  You must, as you know, surrender your passport and any photographic identification before leaving Court, and you are to remain in custody until you have surrendered those documents.  The other conditions I am sure will be explained to you by your counsel.

5.        So, we release you on bail, but you must understand, as I have said at the outset, that ultimately in this case when you fall to be sentenced you should be prepared for a custodial sentence.

6.        We order the production of a psychological report.

7.        We adjourn the case to a Directions Hearing on 27^th January and thereafter to a Newton Hearing on 30^th April 2021. 

No Authorities