Jersey Unreported Judgments

2002/191

ROYAL COURT

(Samedi Division)

 

10^th October, 2002

 

 

The Attorney General

-v-

Joe David Andrade;

Matthew Anthony Minchington;

Stephen David Ashton;

Daniel Peter Marriott.

 

Sentencing by the Superior Number of the Royal Court, to which the defendants were remanded by the Inferior Number on 30^th August, 2002, following guilty pleas to the following counts:

 

Joe David Andrade

 

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 1: cannabis resin.
1 count of:	Supplying a controlled drug contrary to Article 5(b) of the Misuse of Drugs (Jersey) Law, 1978: Count 2: cannabis resin.

 

Age:     25.

 

Details of Offence:

Andrade was seen by Police Officers to enter premises where Minchington lived with his mother.  He was carrying a bag and when he exited those premises without the bag he was arrested by the Officers.  He was searched and found to be in possession of 2 bars of cannabis resin.

The Police Officers then attended at the premises and were let in by Minchington who was in the company of Ashton.  When the Officers explained that they suspected that there were drugs on the premises, Minchington pointed out further cannabis resin secreted in various parts of the premises.  It was also ascertained that Ashton had thrown yet more cannabis out of a window.  In total, including the two bars of cannabis found on Andrade, the cannabis resin recovered by the Police weighted a little over 11 kilos, had a street value of £80,320.00 and a wholesale value of between £56,120.00 and £62,320.00.  Some of the said cannabis located in the premises had been divided and cut up.

At this point Marriott arrived at the premises and was arrested and searched.  He was found to be in possession of 7.17 grams of cannabis and 20 wraps of amphetamine.  He admitted that it was his intention to supply the amphetamine and that he had a further 60 wraps of amphetamine at his home address.  Ashton also admitted that he had 30 ecstasy tablets at his home address and that he intended to supply these back to an unnamed person for whom he was holding them.  All these drugs were subsequently seized.

At subsequent interview Minchington said that Andrade had brought all the cannabis to the premises and that he had taken possession of one bar of cannabis (255.15 grams) for his own use.  He admitted to being in possession of the whole amount of cannabis whilst Andrade had left the premises, and that he would have had the intention of supplying the whole amount back to Andrade on his return.

Ashton confirmed that Andrade had delivered all of the cannabis resin to Minchington's premises and that he in turn had taken possession of one bar of cannabis (255.15 grams) from Andrade.  He stated that it was his intention to supply part of this amount to third parties.  He also admitted that he had thrown some of the drugs out of the window in panic when the Police arrived.

Marriott confirmed that he was not aware that there was a large amount of cannabis at Minchington's premises.  However, in addition to admitting that he had intended to supply all of the amphetamine found on him and at his home address, he also admitted to having supplied cannabis for several months prior to his arrest.

Andrade initially denied all involvement with the large amount of cannabis resin found at the premises.  He stated that he had been supplied with two bars of cannabis by the occupiers of the premises.  However, he eventually pleaded guilty on indictment to possession with intent to supply 10,937.74 grams of cannabis resin, and to having supplied Minchington and Ashton with one bar of cannabis resin each.

 

Details of Mitigation:

Guilty plea; residual youth; remorse.

 

Previous Convictions:

No previous drug related convictions, although several offences over previous 4½ years.

 

Conclusions:

 

Count 1:	3½ years' imprisonment; (starting point: 6 years).
Count 2:	1 year's imprisonment, concurrent.

 

Sentence and Observations of Court:

 

Conclusions granted.

 

Matthew Anthony Minchington

 

1 count of:	Possession of a controlled drug, contrary to Article 6(1) of the Misuse of Drugs (Jersey) Law, 1978: Count 3: 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 4: Cannabis.

 

Age:     18.

 

Details of Offence:

See Andrade (above).

 

Details of Mitigation:

Guilty plea; Youth; full cooperation; remorse; support from family; parents separation had affected his childhood; had obtained a place at University and just started his course.

 

Previous Convictions:

None.

 

Conclusions:

 

Count 3:	3 months' youth detention.
Count 4:	18 months' youth detention, concurrent; (starting point: 6 years).

 

Sentence and Observations of Court:

 

Count 3:	90 hours community service order.
Count 4:	240 hours community service order.

 

Court stated that Minchington, Ashton and Marriott had let everybody down.  The Court has considered the provisions of the Criminal Justice (Young Offenders) (Jersey) Law, 1994 and had decided to follow the Crown's conclusions in principle, but as an alternative to Youth Detention, in the form of Community Service Orders.  Any failure to complete those Community Service Orders would result in Youth detention.

 

Stephen David Ashton

 

2 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 6: cannabis resin. Count 8: MDMA.

 

[On 30^th August, 2002, the Crown accepted not guilty pleas to counts 5 and 7 of the indictment].

Age:     19.

 

Details of Offence:

See Andrade (above).

 

Details of Mitigation:

Guilty plea; Youth; full cooperation with Police; remorse; support from family although again parents separation had affected childhood; had obtained a place at University.

 

Previous Convictions:

None.

 

Conclusions:

 

Count 6:	9 months' youth detention.
Count 8:	18 months' youth detention; (starting point 6 years).

 

Sentence and Observations of Court:

 

Count 6:	150 hours community service order.
Count 8:	240 hours community service order.

 

Court stated that Minchington, Ashton and Marriott had let everybody down.  The Court has considered the provisions of the Criminal Justice (Young Offenders) (Jersey) Law, 1994 and had decided to follow the Crown's conclusions in principle, but as an alternative to Youth Detention, in the form of Community Service Orders.  Any failure to complete those Community Service Orders would result in Youth detention.

 

Daniel Peter Marriott

 

1 count of:	Possession of a controlled drug, contrary to Article 6(1) of the Misuse of Drugs (Jersey) Law, 1978. Count 9: cannabis resin.
2 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 11: amphetamine. Count 13: amphetamine.
1 count of:	Supplying a controlled drug contrary to Article 5(b) of the Misuse of Drugs (Jersey) Law, 1978: Count 14: cannabis resin.

The Crown did not proceed to sentence on counts 10 and 12.

 

Age:     18.

 

Details of Offence:

See Andrade (above).

 

Details of Mitigation:

Guilty plea; Youth; full cooperation; remorse; support from family although again parents separation had affected his childhood; wrote own indictment to supply charge.

 

Previous Convictions:

None.

 

Conclusions:

 

Count 9:	1 week youth detention.
Count 11:	9 months' youth detention, concurrent; (starting point: 2 years).
Count 13:	9 months' youth detention, concurrent.
Count 14:	9 months' youth detention, concurrent.

 

Sentence and Observations of Court:

 

Count 9:	40 hours community service order.
Count 11:	150 hours community service order, concurrent.
Count 13:	150 hours community service order, concurrent.
Count 14:	150 hours community service order, concurrent.

 

Court stated that Minchington, Ashton and Marriott had let everybody down.  The Court has considered the provisions of the Criminal Justice (Young Offenders) (Jersey) Law, 1994 and had decided to follow the Crown's conclusions in principle, but as an alternative to Youth Detention, in the form of Community Service Orders.  Any failure to complete those Community Service Orders would result in Youth detention.

 

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

Advocate N.M Santos Costa for J.A. Andrade.

Advocate K.C.J. Berry for M.A. Minchington.

Advocate Mrs. S.A. Pearmain for S.D Ashton.

Advocate C.M. Fogarty for D.P. Marriott.

 

JUDGMENT

 

The COMMISSIONER:

1.        It is said that Andrade is not a prime mover but here is a man who was clearly entrusted by those sinister persons who control his movements with 10,937.74 grams of cannabis with a street value of £77,440 and a wholesale value of between £53,420 and £60,250.  Put in its common parlance that would have made 69,706 joints of cannabis.  It was said in Welsh -v- A.G. (4^th April, 2002) Jersey Unreported CofA [2002/72] citing from R -v- Harris (1998) 1 Cr. App.R (S) 38:

..."a minder performs an essential service to the dealer, in that the dealer is often prepared, as in this case, to entrust him with substantial quantities of drugs.  That, as a result, carries with it the corollary that the minder is often close to the dealer.  The judge went so far as to say that the offence of possession with intent to supply as a minder is not far short, on the scale of seriousness, of the dealer himself"...

2.        Andrade is 25 years old and has brought large amounts of drugs to these gullible young people.  Andrade has previous convictions, but none that are drug related; and he has breached probation orders in the past.  We agree that following the dicta in Campbell & Ors -v- AG (1995) JLR 136 CofA, 6 years is the proper starting point for this offence.  We feel that Andrade should be allowed a full one-third for his guilty plea.  He has not named his supplier and Advocate Costa, persuasive as always, has urged upon us that there is more mitigation in the many other matters raised before us.  We have given very careful consideration to that; and we are not going to interfere with the Crown's conclusions and therefore, Andrade you are sentenced to 3½ years' imprisonment on count 1; and 12 months' imprisonment on count 2.

3.        Now you three young people, we have a particular duty under the law towards you.  You all have been incredibly stupid.  It is a bit late to realise that now, you have let everybody down.  You must understand that the only people to benefit from this so called drug culture are the people who make their money out of gullible people like you.

4.        You will no doubt be relieved to hear that you are not going to prison.  Minchington you will service 90 hours' of community service on count 3; and 240 hours' community service on count 4.  Ashton, 150 hours' community service on count 6; and 240 hours on count 8.  Marriott, 40 hours community service on count 9; and 150 on count 11; 150 on count 13; and 150 on count 14; and all those of course are concurrent with each other.  I have to tell you that if you do fail to do your community service then youth detention will have to be the answer.  We order forfeiture and destruction of the drugs.

Authorities

Campbell & Ors-v-AG     (1995) JLR 136 CofA.

Bonnar and Noon-v-AG   (2001) JLR 626 CofA.

Welsh-v-AG (4^th April, 2002) Jersey Unreported CofA; [2002/72].

A.G. - Sharman (18^th August, 2001) Jersey Unreported; [2000/167].

A.G.-v- Lambotte (1^st December, 2000) Jersey Unreported; [2000/241].

A.G. -v- Sale (19^th November, 1999) Jersey Unreported; [1999/200A].

A.G. -v- Cousins (10^th December, 1999) Jersey Unreported; [1999/209].