Inferior Number Sentencing - drugs - possession or control of criminal
property - failure to disclose keys.
[2023]JRC206
Royal Court
(Samedi)
3 November 2023
Before :
|
Sir Timothy Le Cocq,
Bailiff, and Jurats Dulake and Berry.
|
The Attorney General
-v-
W
Sentencing by the Inferior
Number of the Royal Court, following guilty pleas to the following charges:
2 counts of:
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Possessing a controlled drug with intent to
supply, contrary to Article 8(2) of the Misuse of Drugs (Jersey) Law 1978
(Counts 1 and Count 5).
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4 counts of:
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Possessing a controlled drug, contrary to
Article 8(1) of the Misuse of Drugs (Jersey) Law 1978 (Counts 3a, 4a,
6 and 7).
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1 count of:
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Possession or control of criminal property,
contrary to Article 30(1)(c) of the Proceeds of Crime (Jersey) Law 1999. (Counts 2).
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1 count of:
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Failing to comply with a notice requiring
the disclosure of a key, contrary to Article 42F(1) of the Regulation of
Investigatory Powers (Jersey) Law 2005 (Count 8).
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Age: 20
Plea: Guilty
Details of Offence:
Count 1
On 17 May 2022, a member of the
public found a suspicious package along a farm track. The bag was hidden in a hole and
contained a parcel which smelled of cannabis. The Police were called and the bag was
found to contain various carrier bags and packaging, which then contained three
individual packages. The first
package contained eleven individual zip-lock bags. The second and third each contained
eight individual zip-lock bags.
Four finger/palm marks were found on four separate zip-lock bags, each
of which matched those of the Defendant.
Each individual zip-lock bag contained between 1.87 and 3.37 grams of
herbal cannabis. The total amount
of herbal cannabis was 66.6 grams.
Counts 2, 3a, 4a, 5, 6 and 7
On 26 May 2022, officers were
detailed to a wooded area in Trinity.
A police officer and police dog began searching the area. The police dog gave an indication to the
base of a tree and the police officer saw a white package underneath some
plastic. The package was wrapped in
a white carrier bag and was tied with a piece of string. The package was returned to the base of
the tree. Other officers arrived
shortly after and opened the package. The package was found to contain a
hunting style knife, four ‘Panama’ ecstasy tablets, two small snap
seal bags containing herbal cannabis, several vape vials and £10,270 in
cash. Later the same day, a
substitute package was placed in the same location. A motion activated camera was placed in
the area and officers remained nearby, covertly monitoring the package. A couple of hours later, the Defendant
cycled past and was seen to walk towards the location of the package. The Defendant could be heard to rummage
through the plastic bag and then shout “fuck” before walking
back towards his bike. He was then
arrested. As he was arrested, he
dropped an iPhone on the floor. The
Defendant had placed the open substitute package in his rucksack. Also inside the rucksack was a small bag
of herbal cannabis, another iPhone and a pair of black gloves.
The Defendant’s finger/palm
marks were found on the fifth layer of the original package, a snap seal bag
and the cash seized. The drugs had
a street value of £2,920 and £3,790.
Two metal grinders, carrier bags
matching those in the original package and two safes were found. The Defendant refused to provide the
passcodes to the safes, but entry was gained by force. One safe was found to contain various
pieces of jewellery and £170 in cash.
Count 8
The Defendant refused to sign a
notice requiring the disclosure of passcodes for the two mobile phones seized.
Details of Mitigation:
Guilty pleas, youth although
credit for this is limited due to his repeated and serious offending, delay
taken into consideration due to youth.
Previous Convictions:
The Defendant had two previous
convictions for possession of cannabis and importation of LSD. He also had a previous conviction for
failing to comply with a notice requiring disclosure of a key. The Defendant also has previous
convictions for violence offences, larceny, possession of an offensive weapon
and other public order offences.
Conclusions:
Count 1:
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4 months’ imprisonment.
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Count 2:
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2 years’ imprisonment, concurrent to
Count 1
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Count 3a:
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1 months’ imprisonment, concurrent to
Counts 1 and 2.
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Count 4a:
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1 months’ imprisonment, concurrent to
Counts 1, 2 and 3a.
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Count 5:
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2 months’ imprisonment, concurrent to
Counts 1, 2, 3a and 4a.
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Count 6:
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1 months’ imprisonment, concurrent to
Counts 1, 2, 3a, 4a and 5.
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Count 7:
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1 weeks’ imprisonment, concurrent to Counts
1, 2, 3a, 4a, 5 and 6.
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Count 8:
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1 year imprisonment, consecutive to Counts
1, 2, 3a, 4a, 5, 6 and 7.
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Total: 3 years’ imprisonment.
Forfeiture and destruction of the
drugs, two grinders and mobile telephone deferred to after confiscation.
Sentence and Observations of Court:
Conclusions granted.
Ms L. B. Hallam, Crown Advocate.
Advocate C. R. Baglin for the Defendant.
JUDGMENT
THE BAILIFF:
1.
We have
already addressed matters relating to forfeiture and confiscation and
destruction of the instrumentalities and the drugs and that will be dealt with
on a subsequent occasion.
2.
Notwithstanding
all of the things that have been said to us by your counsel, we are satisfied
for reasons that will follow in due course, that the Crown’s assessment
of sentence is correct in this case.
Accordingly, you are sentenced as follows:
(i)
Count 1: 4
months’ Youth Detention.
(ii) Count 2:
2 years’ Youth Detention.
(iii) Count 3a:
1 months’ Youth Detention.
(iv) Count 4a: 1 months’ Youth Detention.
(v) Count 5:
2 months’ Youth Detention.
(vi) Count 6: 1 months’ Youth Detention.
(vii) Count 7: 1 weeks’ Youth Detention, all of
those to run concurrently.
(viii) Count 8:
1 years’ Youth Detention, to run consecutively making a total of 3
years’ Youth Detention.
Authorities
Misuse of Drugs (Jersey) Law 1978.
Proceeds of Crime (Jersey) Law 1999.
Regulation of Investigatory Powers
(Jersey) Law 2005.
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Hagin
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v Thurban et al [2020] JRC 212.
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AG
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AG
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Rimmer
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Campbell
v AG [1995] JLR 136.