Jersey Unreported Judgments

[2005]JRC059

ROYAL COURT

(Samedi Division)

 

29^th April, 2005

 

 

The Attorney General

-v-

Michael Roy Dicker

 

Sentencing by the Inferior Number of the Royal Court, following guilty pleas to Counts 1 - 4 below entered on 8^th April, 2005.

 

2 counts of:	Possession of a controlled drug contrary to Article 6(1) of the Misuse of Drugs (Jersey) Law, 1978 (Cannabis resin) (Counts 1 and 3).
2 counts of:	Possession of a controlled drug with intent to supply it to another, contrary to Article 6(2) Misuse of Drugs (Jersey) Law, 1978 (Cannabis resin) (Counts 2 and 4).

 

 

Age:     32.

 

 

Details of Offence:

Following a drugs warrant, police searched two addresses connected with the Defendant, one being his girlfriend's home address (Counts 1 and 2) and the other being his mother's address (Counts 3 and 4).  The total weight of cannabis recovered was 750.63 grams.  During the search cash was seized in the sum of £1,367.00.  After initially claiming the cannabis was for personal use, the Defendant conceded he had intended to sell the nine-bars because he was in financial difficulty.  The Defendant claimed the cannabis was of poor quality and this was borne out in the Analyst's Report noting that it was between 1.0 and 1.5% by weight tetrahydrocannabinol. 

 

Details of Mitigation:

Early guilty plea.  Terminally ill mother who passed away on 9^th March, 2005.  Expression of remorse.

 

Previous Convictions:

Eight previous convictions for 10 offences, the most recent being in 1998 when with two co-accused he was sentenced on 2 counts of being concerned in the importation of cannabis to a total of 8 years' imprisonment.  He served 5½ years before being released on electronic tag.

 

Conclusions:

 

 

Count 1:	£400 fine or 1 month's imprisonment in default of payment.
Count 2:	9 months' imprisonment (starting point 12 months).  Concurrent with Count 1.
Count 3:	£100 fine or 1 week in default of payment.
Count 4:	6 months' imprisonment (starting point 10 months), concurrent with Count 3.
Counts 3 and 4	To be consecutive to counts 1 and 2.

 

 

Sentence and Observations of Court:

 

 

Count 1:	£400 or 1 month in default of payment.
Count 2:	12 months' imprisonment, concurrent.
Count 3:	£100 or 1 week's imprisonment in default of payment.
Count 4:	9 months' imprisonment, all concurrent.

 

 

Mrs S. Sharpe, Crown Advocate.

Advocate M.J. Haines for the Defendant.

 

 

 

JUDGMENT

 

 

 

THE BAILIFF:

1.        This defendant is to be sentenced for four drugs offences, two of which involved the possession of cannabis with intent to supply.  The amount involved is about ¾ of kilogram, valued on the street at between £3,000 - £4,000. 

2.        The defendant admits he bought the drug for £600 and that he intended to sell it for profit.  He has a bad record including a conviction for being concerned in the importation of cannabis for which he was sentenced to 8 years' imprisonment in 1998.

3.        If one asks the rhetorical question to what extent is this defendant involved in drug trafficking the answer must be quite heavily involved although the amount of drugs in question here is at the lower end of the drug trafficking scale.  Having regard to the defendant's record and to all the other circumstances of the case, we think that the appropriate starting point in this case is one of 2 years' imprisonment.

4.        In mitigation, however, Dicker has pleaded guilty to the indictment and he eventually made a full confession to the police.  There are other material circumstances as well.

5.        We take account of all the submissions of your counsel in particular as to the effect upon you of the recent death of your mother.  The letters written by your sister and by your friends have persuaded us that as an act of mercy we can reduce slightly the conclusions of the Crown.  We cannot avoid sending you to prison because you went into this with your eyes open knowing full well the consequences of selling drugs.  We will, however, ask the prison authorities to make arrangements for you to continue to have bereavement counselling and we hope that you live up to your promise to your mother that you will never again involve yourself in drugs and that we shall not see you again.

6.        The sentence of the Court is that on count 1, you will be fined £400 or 1 month's imprisonment.  On count 2, you will go to prison for 12 months.  On count 3, you will be fined £100 or 1 week's imprisonment in the alternative, and on Count 4, that you will be sentenced to 9 months' imprisonment, all those sentences to be concurrent making a total of 12 months' imprisonment and we order the forfeiture and destruction of the drugs and a confiscation order in the sum of £1,367.

Authorities

A.G. -v- Dicker, Driscoll and Wakeham (28^th October 1998) Jersey Unreported [1998]JRC216.

A.G. -v- Chartier (4^th October 2002) Jersey Unreported [2002]JRC180.

A.G. -v- Le Coeur [2005]JRC027.

Hasson -v- A.G. [2004]JCA124.