Jersey Unreported Judgments

[2005]JRC140

ROYAL COURT

(Samedi Division)

12^th October 2005

The Attorney General

-v-

Benjamin Charles MacKenzie

Sentencing by the Inferior Number of the Royal Court, following  guilty pleas to:

1 count of:	Supplying a controlled drug, contrary to Article 5(b) of the Misuse of Drugs (Jersey) Law 1978.  (Count 1: Cannabis Resin).
1 count of:	Possession of a controlled drug, contrary to Article 6 (1) of the Misuse of Drugs (Jersey) Law 1978.  (Count 2: cocaine).
1 count of	Possession of a controlled drug, contrary to Article 6 (1) of the Misuse of Drugs (Jersey) Law, 1978.  (Count 3: ecstasy).
1 count of:	Supplying a controlled drug, contrary to Article 5 (b) of the Misuse of Drugs (Jersey) Law 1978.  (Count 4: Cannabis Resin).

Age:  37

Plea: Guilty.

Details of Offence:

During a Drugs Squad raid on his house small, personal amounts of Cocaine, and Cannabis resin were found together with 7 Ecstasy tablets and electronic scales and plastic bags, as well as £840 in cash in his wallet.  His house contained some very expensive items inclining a new 52" plasma screen costing £4,400.00 and a leather 3 piece suite bought recently for £3,000.00.  During interview MacKenzie volunteered to having supplied cannabis resin '9' bars in Jersey over the past year or so.  No other evidence of this supply.  Admitted to supply of 19 '9' bars total benefit to MacKenzie of £25,920.00.  Had spent over £21,000.00 alone in past year travelling to UK to visit girlfriend.

Details of Mitigation:

Full confession leading to count of supplying cannabis.

Previous Convictions:

Minor drug offending some 18 years ago disregarded by sentencing court.

 

Conclusions:

 

Count 1:	2½ years' imprisonment.  (Starting point 4 years)
Count 2:	6 months' imprisonment, concurrent.
Count 3:	6 months' imprisonment, concurrent.
Count 4:	3 months' imprisonment, concurrent.

Sentence and Observations of Court:

 

Count 1:	2 years' imprisonment.
Count 2:	6 months' imprisonment, concurrent.
Count 3:	6 months' imprisonment, concurrent.
Count 4:	36 months' imprisonment, concurrent.

Confiscation order in the sum of £5,575.

R. Morris, Esq., Crown Advocate.

Advocate S. Baker for the Defendant.

JUDGMENT

 

THE BAILIFF:

1.        MacKenzie has pleaded guilty to counts involving the supply of cannabis resin and the possession of ecstasy, cocaine and cannabis.  He candidly admitted that he had bought bars of cannabis resin and sold them to supplement his income.  He has admitted benefiting from drug trafficking to the extent of some £25,000 and the Court has made a confiscation order in the sum of £5,575.

2.        Applying the guideline cases we agree with the Crown Advocate that the appropriate starting point is one of 4 years' imprisonment.  MacKenzie has a record of previous convictions, but we agree with his counsel that the minor drugs offences committed 20 or so years ago can for sentencing purposes be ignored.  He is industrious, has a good work record, and is a caring family man.  It is a matter of great regret that he should have fallen victim to temptation in this way.

3.        He has pleaded guilty to the indictment and is entitled to the conventional one-third discount in that respect.  There is another aspect of mitigation, however, rightly emphasised by Defence Counsel and that is that by confessing to dealing in cannabis, which led to the laying of Count 1, he has effectively written his own indictment in that respect.

4.        MacKenzie you have let yourself down; more importantly we think you have set an appalling example for your sons and you have let them down too.  We are giving as much weight as we can to the mitigating circumstances, but we must send you to prison for the offences which you have committed.

5.        The sentence of the Court is that you will go to prison on Count 1, for 2 years; on Count 2, to 6 months' concurrent; Count 3, to 6 months' concurrent; Count 4, to 6 months, concurrent, making a total of 2 years' imprisonment.  We order the forfeiture and destruction of the drugs.

Authorities

Campbell Molloy and MacKenzie -v- AG [1995 JLR 136].

A.G. -v-Bouhaire [2004]JRC004.

AG -v- MacDonald [2005]JRC004.