Jersey Unreported Judgments

Superior Number Sentencing - drugs - possession - Class C - supply - Class A

[2022]JRC146

Royal Court

(Samedi)

7 July 2022

The Attorney General

-v-

Christopher Annand

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 20^th May 2022, following a guilty plea to the following charges:

Age:  43. 

Plea: Guilty. 

Details of Offence:

On 11^th December 2020, Police executed a search warrant at the Defendant's home address.  A search was conducted, and a number of items were seized, including:

-�        A set of digital scales with traces of MDMA and cocaine;

-�        A tub containing 408.99 grams of creatine powder;

-�        A red iPhone and

-�        An envelope containing a quantity of 61 Stanozolol pills from the Defendant's car [Count 2].

The iPhone was examined, and a report downloaded.  It was found to contain numerous text messages relating to drugs supply.  The messages were dated between 7^th October 2020 and 29^th November 2020 and related to the supply or offers to supply a total of 22g of cocaine.  There were further messages in which offers were made but no quantity was mentioned, or it was not clear that the offer had been accepted.

Details of Mitigation:

Guilty plea.

Previous Convictions:

No relevant previous convictions.

Conclusions:

Total:  4½ years' imprisonment. 

Declaration of benefit in the sum of £12,415, and a confiscation order in the sum of £12,415 sought.  The Crown seeks a default sentence in respect of the confiscation order of 12 months' imprisonment.

Forfeiture and destruction of the drugs and iPhone sought.

Sentence and Observations of Court:

Total:  4½ years' imprisonment. 

Forfeiture and destruction of the drugs and iPhone ordered

Confiscation not agreed.  Adjourned to 30^th August 2022 at 2:30pm

Ms L. B. Hallam, Crown Advocate.

Advocate J. C. Gollop for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        Christopher Annand, you are 43 years old and have no relevant previous convictions.  Accordingly, we treat you as a man of good character. 

2.        In December of 2020, the police executed a search warrant at your home address.  When they did so they found a set of digital scales, a tub containing over 400 grams of creatine powder, a cutting agent.  In your car they found 61 pills, the subject of Count 2.  They also recovered two mobile telephones.  As to those telephones, you were served with a notice requiring you to provide your entry codes.  You initially refused to do so but ultimately did, which is to your credit.  One of those mobile telephones contained text messages between you and others, indicating that you had supplied cocaine in late 2020 on six occasions totalling 22 grams. 

3.        You also offered to supply cocaine to others, but there is no indication as to the amount supplied on those occasions.  The messages suggested that you were in a position to supply amounts of cocaine on request.  Indeed, you discussed the supply of 10 grams in October 2020.

4.        In relation to that supply, you said that you supplied persons who you knew who were already users of cocaine.  You knew exactly what you were doing; you adjusted the price that you were selling the drugs at by reference to the quality, which is clear from the text messages.  As this was a supply for money it was, in the view of members of the Court, a commercial supply of a class A drug.  You were playing a crucial role in the chain of supply and without your involvement these persons may not have received the drugs that you sold to them.

5.        You pleaded not guilty before the Magistrate, but guilty when you were arraigned on 7^th January 2022.  Generally, offenders need to plead guilty at the first opportunity in order to receive full credit.  We accept that when you appeared in October of last year before the Magistrate, the Royal Court decision making that clear had not been published.  Accordingly, we give you substantial credit for your plea of guilty. 

6.        Having regard to the weight of the drugs supplied in this case and the offers to supply to which we referred, and all the circumstances, we agree with the Crown that the starting point is eight and a half years' imprisonment on Count 3.  

7.        We have taken into account, as we have said, your guilty plea and not merely your good character, but evidence of your positive contribution set out in the references to which we have referred, including charitable work.  We have taken into account the difficulties you have had in your personal life over the last several years, your regret, your remorse and your co-operation with the investigation.  To some extent we take into account the delay between your arrest and charge. 

8.        We have read with care the reports from the Probation Officer and Dr Englebrecht and take into account all the other mitigation of which the Court is aware.  We take the view that those matters have been given sufficient weight by the Crown in their conclusions and we grant the Crown's conclusions. 

9.        The sentence on Count 3 is four and a half years' imprisonment; one month concurrent on Count 2, making a total of four and a half years' imprisonment. 

10.      We enter a not guilty verdict on Count 1 and adjourn the question of confiscation.

Authorities

Misuse of Drugs (Jersey) Law 1978.