2000/1A
pages
ROYAL COURT
(Samedi
Division)
7th
January, 2000.
Before:
F.C. Hamon, Esq., Deputy Bailiff and
Jurats Le Ruez and Le Brocq.
The
Attorney General
-v-
Oliver
Robert Butler.
1
count of: possession of a
controlled drug, contrary to Article 6(1) of the Misuse of Drugs (Jersey)
Law, 1978:
Count
1: diamorphine;
2
counts of: driving whilst
disqualified, contrary to Article 9(4)(b), as amended, of the Road Traffic
(Jersey) Law, 1956 (counts 2, 5);
3
counts of: using a motor vehicle
uninsured against third party risks, contrary to Article 2(1), as amended, of
the Motor Traffic (Third Party Insurance)(Jersey) Law, 1948 (counts 3,
6, 7);
1
count of: driving without due care
and attention, contrary to Article 15, as amended of the Road Traffic
(Jersey) Law, 1956 (count 4);
1
count of failing to
notify change of ownership of a motor vehicle, contrary to Article 11(2 ) of
the Motor Vehicle (Jersey) Law 1993 (count 8).
The Defendant was
also in breach of a 2 year Probation Order imposed by the Magistrates Court on
18th May, 1999, for the offences of possessing controlled drugs,
cannabis, (2 charges), ecstasy ( 1
charge), possession of offensive weapon, dangerous driving, taking and driving
away and using a motor vehicle without insurance
Age: 20.
Plea: Guilty
Details of Offence:
Defendant seen driving by
Police Officer on mobile patrol who recognised the Defendant and was aware he
had recently been disqualified from driving. The officer gave chase and the Defendant
was stopped in St Brelade’s Parish Hall car park. The Defendant threw 2 packets out of the
car window, subsequently found to be heroin. It was established that the Defendant
was driving his girlfriend’s motor car whilst disqualified and without
insurance. Further enquiries
revealed that on a previous occasion the Defendant had also been driving a
different motor vehicle whilst uninsured.
Details of Mitigation:
Relative youth. Guilty plea. Co-operation with the
police. Poor educational
upbringing. Defendant wished to
have Naltraxone treatment in connection with his heroin addictions. In Youth custody since 17th
July, 1999.
Previous Convictions:
Numerous,
including previous for possession and importation of controlled drugs including
class A.
Conclusions:
Count 1: 6 month’s Youth Detention
Count 2: 1 months’ Youth Detention; 6
month’s disqualification from driving.
Count 3: 1 months’ Youth Detention; 6
month’s disqualification from driving.
Count 4: £150 fine or 3 week’s
Youth Detention, consecutive in default of payment
Count 5: 1 months’ Youth Detention; 6
month’s disqualification from driving.
Count 6: 1 months’ Youth Detention; 6
month’s disqualification from driving.
Count 7: 1 months’ Youth Detention; 6
month’s disqualification from driving.
Count 8: £10 fine or 3 days Youth
Detention consecutive in default of payment.
Sentences on counts 2, 3, 5,
6, & 7 to run concurrently with each other; disqualification from driving
sentences to run concurrently.
Probation Order discharged;
drugs to be forfeited and destroyed.
Sentence
& Observations of the Court:
Starting point of 12
month’s submitted by Crown is correct. No exceptional circumstances. In view of the Defendants wish to
undergo treatment for a drug addiction Court envisaged difficulties if Youth
Custody sentence imposed as Defendant would be released immediately having
served sentence whilst on remand.
Court of view that serious driving offences merit disqualification.
Count 1 to 8: On each count Defendant bound over to be
of good behaviour for 6 months on condition that he reside with his family at
their address during the whole period and on condition that he undergo Naltraxone
treatment as directed by and to the satisfaction of Mr Saunders of the Drugs
and Alcohol Service.
Disqualification from driving
for 6 month’s concurrent on counts 2, 3, 4, 5, 6, and 7. Probation Order discharged. Drugs forfieted and destroyed.
D.E. .Le Cornu, Esq., Crown
Advocate;
Advocate A. Messervy for the
accused.
NO
RECORDED JUDGMENT
NO
AUTHORITIES
Authorities