Jersey Unreported Judgments

[2008]JRC047

ROYAL COURT

(Samedi Division)

19^th March 2008

Before     :

Sir Philip Bailhache Kt., Bailiff, and Jurats Bullen and Morgan.

The Attorney General

-v-

Martyn Yann Roberts

Sentencing by the Inferior Number of the Royal Court on the following charges:

1 count of:	Possession of a controlled drug with intent to supply, contrary to Article 8(2) of the Misuse of Drugs (Jersey) Law 1978.  (Count 1).
1 count of:	Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978.  (Count 2).
2 counts of:	Supplying a controlled drug contrary to Article 5(b) of the Misuse of Drugs (Jersey) Law 1978.  (Counts 3 and 4).

Age:  28.

Plea: Guilty (Counts 1, 2 and 4).  Not Guilty (Count 3).  Pleas accepted.

Details of Offence:

On 23^rd November, 2007, an alarm was activated at the defendant's premises.  Police attending the premises noticed twelve pieces of cannabis resin, along with a suspected deal list and a set of scales.  The cannabis was found to weigh a total of 295.15 grams and each piece was slightly under one ounce in weight.  A subsequent search carried out under warrant revealed a further 28.34 grams of cannabis.

On arrest the Defendant stated the cannabis was for his personal use until February.  At interview he explained that he had been supplied with 27 ounces of cannabis which was more cannabis than he needed and that it was his intention to return it to his supplier (Count 1).  He also admitted that he had already returned half of it to his supplier due to its poor quality.  He accepted that this amounted to supply (Count 4).  He also admitted that the 28.34 grams was his to keep (Count 2).

Details of Mitigation:

Guilty pleas, wrote his own indictment on Count 4, remorse.

Previous Convictions:

14 previous convictions comprising 44 offences, including 6 drug related offences.  These included a previous offence of supply and an offence in France which attracted a 4 year term of imprisonment with a ban from France for five years.

Conclusions:

Count 1:	Starting point 12 months' imprisonment.  8 months' imprisonment.
Count 2:	1 month's imprisonment, concurrent.
Count 4:	Starting point 12 months' imprisonment.  6 months' imprisonment, concurrent.
Total:	8 months' imprisonment.

Forfeiture and destruction of the drugs is sought.

Sentence and Observations of Court:

Count 1:	140 hours' Community Service Order, or 8 months' imprisonment in default.
Count 2:	140 hours' Community Service Order, or 8 months' imprisonment in default, concurrent.
Count 4:	140 hours' Community Service Order, or 8 months' imprisonment in default, concurrent.
Total:	140 hours' Community Service Order, or 8 months' imprisonment in default, and 12 months' Probation with a Treatment Order.

Forfeiture and destruction of the drugs ordered

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

Advocate D. J. Hopwood for the Defendant.

JUDGMENT

THE Bailiff:

1.        Roberts, you have admitted supplying or being in possession of cannabis with intent to supply in circumstances which seem to us entirely artificial.  The fact of the matter is that the police found you in possession of a quantity of cannabis which could be regarded as a commercial amount.  You had scales and other paraphernalia and you were involved, in short, in the drugs sub-culture.

2.        With your record you are well aware of the consequences of breaking the law and we have no doubt that you deserve to go to prison.  On balance, we are going to take a merciful course, and we are going to accept the recommendations of the Probation Officer and the Drug and Alcohol adviser, and we are going to deal with you differently. 

3.        We want to make it clear to you that if you come back before this Court either having failed to comply with the drug and alcohol course which you are going to be required to do, or having failed to comply with the obligations of the Probation Order it is almost inevitable that you will go to prison.

4.        We are taking at face value what you have told us in your letter.  We think it is possible for you to build up your business and to make something of your life, and not to wreck it by the abuse of cannabis.

5.        We are going to place you on probation for 1 year, subject to the usual conditions, that you live and work as directed by your Probation Officer.  It will be subject to a treatment order, and you must comply with any requirements of the Drug and Alcohol Service and that will be attached to the Probation Order and we are also going to order you to do 140 hours' community service on each of the three counts on the indictment and we state the equivalent of that amount of community service is 8 months' imprisonment.

6.        We order the forfeiture and destruction of the drugs.

No Authorities