2002/42
ROYAL COURT
(Samedi Division)
15th February 2002
Before:
|
Sir Philip Bailhache, Bailiff, and Jurats
Rumfitt and Potter.
|
The Attorney General
-v-
Serge André
Le Moellic
1 count of:
|
Possession of a controlled drug, with intent
to supply, contrary to Article 6(2) of the Misuse of Drugs (Jersey) Law,
1978:
Count 1: diamorphine.
|
3 counts of:
|
Possession of a controlled drug, contrary to
Article 6(1) of the Misuse of Drugs (Jersey) Law, 1978:
Count 2: diamorphine;
Count 3: MDMA;
Count 4: cannabis resin.
|
[On 18th January, 2002, the Crown withdrew
count 1].
Age: 24.
Plea: Guilty.
Details of Offence:
Following the execution of a search
warrant under the Misuse of Drugs Law, police recovered 9.4 grams of heroin, 2
ecstasy tablets and approximately 7 grams of cannabis resin from Le Moellic’s home address. The street value of the heroin was
between £2,820 and £4,320 (commercial value between £1,140
and £1,880) or 44% purity by weight diamorphine. The street value of the two ecstasy
tablets would be between £24 and £30 and the street value of a
small personal quantity of cannabis resin would be approximately £40.
Details of Mitigation:
Guilty plea; co-operated with the
police; no previous drug convictions; a young man at the crossroads of his
life; had sought assistance for his heroin addiction prior to the commission of
present offences but had relapsed prior to the commission of present offences;
had attended at Alcohol and Drugs Advisory Service and had remained drug free
for approximately three months pending sentencing before Royal Court. The Social Enquiry and Alcohol and Drugs
Advisory Service reports both recommended non-custodial sanction in the
circumstances of this particular individual.
Previous Convictions:
None relevant.
Conclusions:
Counts 2 to 4 inclusive: 18
months’ probation subject to further conditions that Le Moellic:
1. attends Alcohol and Drugs Advisory Service for
a period of 12 months as required by that Service;
2. complies with treatment goals set out by the
Alcohol and Drugs Advisory Service and takes the opiate blocking drug
‘Naltrexone’ after becoming opiate free;
3. attends all appointments and referrals made on
his behalf by the Probation Officer; and
4. abstains from illegal and non-prescribed
controlled drugs and agrees to be subject to random analysis as required by the
Alcohol and Drugs Advisory Service.
The forfeiture and destruction of
the drugs.
Sentence and Observations of Court:
Conclusions granted,
with additional conditions.
P. Matthews, Esq., Crown Advocate.
Advocate J.C. Gollop for the Defendant.
JUDGMENT
THE BAILIFF:
1.
Le Moellic, you have come, as the Court hopes you appreciate,
very close to a prison sentence.
The possession of heroin is regarded by the Court as a serious offence,
particularly having regard to the quantity in your possession even if it was
for your personal use.
2.
We have
read very carefully all the reports which have been prepared by the probation
service and by the alcohol and drug advisory service. This is your first conviction for a
drugs offence; you are still a young man; and most importantly we have been
persuaded that you genuinely want to get rid of your heroin addiction and to live
a life clean from drugs in the future.
3.
On that
basis we will grant the conclusions of the Crown Advocate and will place you on
probation for a period of 18 months, subject to the usual conditions that you
be of good behaviour; live and work as directed by your probation officer; and
subject to the further conditions which have been read out by the Crown
Advocate which I will repeat. First
that you attend the alcohol and drugs service for a period of 12 months as may
be required by the service.
Secondly that you comply with the treatment goals set by the alcohol and
drug service and take the opiate blocking drug ‘naltrexone’ after
becoming opiate free. Thirdly that
you attend all appointments and referrals made on your behalf by the probation
officer. Fourthly that you abstain
from all illegal and non-prescribed controlled drugs and submit to random urine
analysis as you may be required to do.
We order the forfeiture and destruction of the drugs.
Authorities
AG-v-de la Haye & Anor (15th
December, 1995) Jersey Unreported.
AG-v-Buesnel [1996] JLR 265.