Jersey Unreported Judgments

 2002/42

ROYAL COURT

(Samedi Division)

 

15^th February 2002

 

 

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 18^th 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 (15^th December, 1995) Jersey Unreported.

AG-v-Buesnel [1996] JLR 265.