Jersey Unreported Judgments

Inferior Number Sentencing - drugs - possession - Class B - obstructing a police officer.

[2022]JRC187

Royal Court

(Samedi)

9 September 2022

Before     :

Sir William Bailhache, Commissioner, and Jurats Pitman and Hughes

The Attorney General

-v-

Bradley Peter Harrison

Sentencing by the Inferior Number of the Royal Court, following guilty pleas to the following charges on the First and Second Indictments and a breach of Community Service Order and Probation Order imposed on the 14^th May 2021:

First Indictment

2 counts of:

Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978 (Count 1 and Count 2).

Second Indictment

2 counts of:	Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978 (Count 1 and Count 2).
1 count of:	Intentionally obstructing a Police Officer, contrary to Article 19(7)(a) of the Misuse of Drugs (Jersey) Law 1978 (Count 3).

14 May 2021 Indictment

14 counts of:

Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978 (Counts 1, 2, 3, 4a, 5a, 6a, 7a, 8a, 9, 10a, 11, 12, 13a,14).

Age:  22. 

Plea: Guilty. 

Details of Offence:

First Indictment

In February 2022 Police Officers executed a warrant at the Defendant's home address.  Several items were seized from the property, including syringes containing liquid, powder, resinous material and £540 (in Jersey £20 notes).  The liquid, powder and resinous material were sent to the States' Analyst who identified there having been seized:

a. 4.83 grams of THC; and

b. 244 milligrams of cannabis resin.

During interview the next day the Defendant provided a no comment interview.

 

Second Indictment

In April 2022 Police Sergeant Taylor was on duty in town when he had cause to speak to the Defendant.  The Officer became suspicious as the Defendant was getting increasingly nervous and agitated.

 

The Officer took hold of the Defendant and informed him that he was being detained for the purposes of a drug search.  The Defendant attempted to run away but the Officer managed to retain his hold.  A struggle ensued.  The Defendant had a hold of the Officer's stab vest underneath his chin which meant that the Officer did not have proper control of him.

 

The Defendant was taken to the ground by the officer who awaited assistance from his colleagues. 

 

The Defendant was subsequently searched by the attending officers.  A number of items were recovered from him:

a.      54.17grams of THC in the form of jellies;

b.      A vape syringe containing 840 milligrams of THC;

c.      Four 1 millilitre syringes containing THC; ((a) to (c) together being Second Indictment - Count 1)

d.      A metal grinder containing 85 milligrams of cannabis (Second Indictment - Count 2).

 

The Defendant was interviewed twice in relation to these matters and on both occasions, he provided no comment interviews.

 

These offences put the Defendant in breach of the Community Service Order imposed by the Royal Court on 14 May 2021.  The Probation Service had also referred the matter to the Royal Court for the 14 May 2021 Order to be reviewed.

Details of Mitigation:

Guilty plea, Court acknowledges the Defendant needs help, does not want to send him to prison - Court giving him his last chance.

Previous Convictions:

Previous convictions for drug offences (AG v Harrison [2021] JRC 142).

Conclusions:

First Indictment

Count 1:	1 month's imprisonment, consecutive to the breach offences.
Count 2:	No separate penalty.

Total:  1 month's imprisonment, consecutive to the breach offences.

Second Indictment

Count 1:	2 months' imprisonment, consecutive to the breach offences.
Count 2:	No separate penalty.
Count 3:	1 month's imprisonment, concurrent.

Total:  2 months' imprisonment, consecutive to the breach offences and to the First Indictment. 

14 May 2021 Indictment

Count 1:	No separate penalty.
Count 2:	No separate penalty.
Count 3:	2 weeks' imprisonment, concurrent.
Count 4a:	6 months' imprisonment.
Count 5a:	6 weeks' imprisonment, concurrent.
Count 6a:	2 weeks' imprisonment, concurrent.
Count 7a:	No separate penalty.
Count 8a:	No separate penalty.
Count 9:	No separate penalty.
Count 10a:	No separate penalty.
Count 11:	No separate penalty.
Count 12:	No separate penalty.
Count 13a:	2 weeks' imprisonment, concurrent.
Count 14:	No separate penalty.

Total:  6 months' imprisonment.

Total for First and Second Indictment and Breach Offences:  9 months' imprisonment.

Forfeiture and destruction of the drugs sought. 

Sentence and Observations of Court:

First Indictment

Count 1:	18 month Probation Order.
Count 2:	18 month Probation Order, concurrent.

Total:  18 month Probation Order.

Second Indictment

Count 1:	18 month Probation Order, concurrent.
Count 2:	18 month Probation Order, concurrent.
Count 3:	18 month Probation Order, concurrent.

Total:  18 month Probation Order, concurrent.to the First Indictment. 

14 May 2021 Indictment

Existing Community Service Order revoked.  18 month Probation Order imposed on all Counts, concurrent to First Indictment.

Total:  18 month Probation Order.

Forfeiture and destruction of the drugs ordered. 

Ms C. L. G. Carvalho, Crown Advocate.

Advocate F. L. Pinel for the Defendant.

JUDGMENT

THE COMMISSIONER:

1.        Mr Harrison, you have been brought to this Court for breaching previous orders because you have not completed your community service and because you have committed further offences.  The reports that we have had show that you think that cannabis and maybe other drugs are a way of coping with problems which you have.  Our experience in Court, from all the other cases we have had, is that drugs do not actually have that effect and they make things worse in the long run; it is a spiral effect, that they continue to have an effect on you after you have taken them and after the immediate effect has worn off.

2.        You need to get some help to get yourself under control, because if you do not, the Court, sooner or later, is going to have no option but to send you to prison and it would be for increasing lengths of time.  It is also the case that many people who commit possession of drug offences like this, and cannot afford the drugs, end up financing their drug-taking by supplying drugs to others; we have seen that time and time again.  In case you were not aware of it - and I am sure you are - if that happens the Court's sentences are very, very much higher and you go to prison for quite a long time.

3.        Reading the background reports on you leads us firmly to a conclusion that we do not want to send you to prison.  We think that you can be helped and that there is hope, and actually the fact that you have got support from Jersey Association of Youth and Friendship and from the Reverend here, the fact they are here to support you today is a good indicator that people want you to get better, to conquer where you are.  So, when you come out of this court today, you have made us a promise.  People make promises to court sometimes and do not keep them, but there are those who will support you and you are capable of doing it and you can leave court today with hope.  That is quite important because we all need hope in our lives.  There are things which can be done for you which will enable you to get past the present problems, and you have to believe that.

4.        The Crown today have moved for custodial sentences and we completely understand why.  It is just that on this particular occasion, on this particular occasion, we think that you ought to be given one last chance. 

5.        So, we are going to put you on Probation for a period of 18 months with a condition that you have psychological treatment, and on all the other conditions that are normally attached to a Probation Order.  You can talk to the Probation Officer after court, she will help you with those. 

6.        The existing Community Service Orders are revoked.

7.        We do urge you to take advantage of this and to remember - when you get up in the morning say to yourself every morning: I have made a promise to the Court that I am going to do better.

8.        The forfeiture and destruction of the drugs is ordered.

Authorities

AG v Harrison [2021] JRC 142