Jersey Unreported Judgments

2000/155

3 pages

ROYAL COURT

(Samedi Division)

 

28^th July, 2000

 

Before:    M.C. St J. Birt, Esq., Deputy Bailiff and

                                                      Jurats Myles, and Bullen.

 

 

The Attorney General

 

-v-

 

Alexander McLees.

 

 

 

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

 

 

Age:   46.

 

Plea:   Guilty

 

Details of Offence:

 

On 6^th May, 1999, Officers executed warrant and searched Defendant's home address finding around 170 grams of cannabis resin.

 

Details of Mitigation:

 

Guilty plea, co-operative with Police.

 

Previous Convictions:

 

Considerable list of previous convictions - 2 relating to drug possession although last conviction in 1993.

 

Conclusions:   3 month's imprisonment, with effect of securing immediate release of accused.

                                                                                                   

Sentence & Observations of Court:    Conclusions granted.

 

 

                                         N. M. Santos Costa Esq., Crown Advocate

                                              Advocate R Juste,  for the Accused.

 

 

JUDGMENT

 

THE DEPUTY BAILIFF:

 

1.    On a search of his home on the 6^th May, 1999,  65.23grams of cannabis resin with a street value of £960, were found hidden in a cupboard in the defendant's premises.  The defendant has pleaded guilty to possession of that cannabis for his own use.

 

2.    The defendant has a very poor record.  In particular he has two previous convictions for possession of MDMA - ecstasy - for which he was sentenced to 5 month's and 9 month's in prison respectively.   However, these were many years ago and he has had no convictions since 1993.

 

3.    Nevertheless, in the light of the two previous convictions for possession of drugs, a prison sentence is required for possession of a class 'B' drug on this occasion.  However, the defendant has already served the equivalent of 3 month's and the Crown now move for a 3 month sentence, and the Court agrees with those conclusions.

 

4.    Accordingly, McLees,  on count 4 you are sentenced to 3 month's imprisonment, and we order the forfeiture and destruction of the drugs, and we discharge the saisie.

 

 

Authorities

 

A.G -v- Durkin (30^th October, 1998) Jersey Unreported.

A.G -v- Rodrigues (9^th June, 2000) Jersey Unreported.

A.G. Collins (10^th September, 1999) Jersey Unreported.

A.G. -v- Edingborough (20^th January, 2000) Jersey Unreported.

A.G. -v- Welsh (20^th September, 1996) Jersey Unreported.

A.G. -v- Le Sech & McGorian (10^th July, 1998) Jersey Unreported.