Jersey Unreported Judgments

[2006]JRC034

ROYAL COURT

(Samedi Division)

10^th March 2006

Before     :

Sir Philip Bailhache, Kt., Bailiff, and Jurats de Veulle and Clapham.

The Attorney General

-v-

Anne-Marie De St George

Alexandra Snowden

Sentencing by the Inferior Number of the Royal Court, following a guilty plea to the following charges:

Anne-Marie De St George

1 count of:	Being the occupier of premises, knowingly permitting the supply, or attempt to supply, of a controlled drug contrary to Article 5 of the Misuse of Drugs (Jersey) Law 1978. (Count 1).
1 count of:	Supplying a controlled drug contrary to Article 5(b) of the Misuse of Drugs (Jersey) Law 1978. (Count 2).
1 count of:	Being knowingly concerned in the fraudulent evasion of the prohibition on the importation of a controlled drug contrary to Article 61(2)(b) Customs and Excise (Jersey) Law 1999. (Count 3).
2 counts of:	Possession of a controlled drug with intent to supply contrary to Article 8(2) Misuse of Drugs (Jersey) Law 1978. (Counts 4 and 5).

Age:  28.

Plea: Guilty.

Details of Offence:

Following a drugs search warrant at De St. George's flat, a set of digital scales, £250 in cash and two envelopes containing pieces of paper with traces of brown powder were found together with numerous polythene bags with holes cut out of them, and a box of Senokot tablets.  Both Defendants were arrested and taken to Police HQ.  De St. George was found to be concealing a wrap of 1.14 grams of heroin in her bra.  Snowden eventually excreted three small bags containing a total of 2.139 grams of heroin.  Snowden was co-operative at interview.  De St. George admitted supplying Snowden with heroin and allowing her premises to be used for packing and onward distribution of heroin.  Her reward was free heroin to feed her own habit.  Snowden said she had swallowed the three bags of heroin in a panic when two females had suddenly come into the flat, thinking they were police officers.

Details of Mitigation:

De St. George had served the equivalent of 8 months 2 days on remand.  She had a long history of drug addiction and a deprived background.  She was becoming institutionalised and was now very vulnerable.  Wrote her own indictment in respect of Count 1.  Accepted a custodial was inevitable.  De St. George drug free at sentencing.

Previous Convictions:

One previous conviction comprising two offences - imprisoned for 3 ½ years in relation to drug offences.

Conclusions:

Count 1:	2 years' imprisonment.
Count 2:	1 year's imprisonment, concurrent.
Count 3:	2 years' imprisonment, concurrent.
Count 4:	1 year's imprisonment, concurrent.
Count 5:	2 years' imprisonment, concurrent.

Total: 2 years' imprisonment/

Sentence and Observations of Court:

Conclusions granted.

Alexandra Snowden

1 count of:

Possession of a controlled drug with intent to supply contrary to Article 8(2) of the Misuse of Drugs (Jersey) Law 1978. (Count 7)

Age:  20.

Plea: Guilty.

Details of Offence:

See De St. George above.

Details of Mitigation:

Snowden was of good character.  Had attended private school and gained good GCSEs.  She had fallen in with a bad crowd and become an addict.  She retained a supportive family.  Since her arrest she had abided by all bail conditions and made considerable progress in conquering her addiction with the assistance of Alcohol and Drug Service.  Snowden was drug free at sentencing.

Previous Convictions:

No previous convictions.

Conclusions:

Count 7:

18 months' youth detention.

Sentence and Observations of Court:

Count 7:

1 year's probation.  90 hours Community Service Order, 3 months' Youth Detention in default.

S. Sharpe, Crown Advocate.

Advocate O. A. Blakeley for Snowden.

Advocate N. S. H. Benest for De St George.

JUDGMENT

THE BAILIFF:

1.        These two defendants are to be sentenced for various offences involving the misuse of a controlled drug, namely heroin.  De St George is 28 and has a previous conviction for a drugs offence.  Snowden is 20 and has no previous convictions.  We shall deal with each defendant separately.

2.        Taking first the case of De St George, she has been a heroin addict for some 8 years.  She allowed her flat to be used by others for dealing in heroin.  Her supplying of heroin was a so-called social supply that is to enable her to feed her own addiction rather than to make a financial profit.  Nevertheless as is the case with all involvement in drug trafficking her actions contributed to the spreading of a vicious habit which causes so much misery and degradation in Jersey.

3.        We take into account the defendant's guilty plea and her co-operation with the Police without which some of the charges could not have been brought against her.  There is an appalling background of deprivation which we have also taken into account.

4.        De Ste George you have realistically accepted that the Court is bound to impose a custodial sentence upon you.  We are encouraged by the progress that you are making in prison and hope very much that you will conquer your addictions so that when you emerge from prison you will be able to lead a worthwhile and satisfying life.

5.        In the meantime we have to sentence you to imprisonment and on Count 1 you are sentenced to 2 years' imprisonment; on Count 2 to 1 year's imprisonment; on Count 3 to 2 years' imprisonment; on Count 4 to 1 year's imprisonment; on Count 5 to 2 year's imprisonment, all those sentences to be concurrent, making a total of 2 years' imprisonment and we order the forfeiture and destruction of the drugs.

6.         Snowden the Court has had an anxious discussion about what to do with you.  You must realise, and we hope you do realise, how close you are to the imposition of a custodial sentence.  We are not going to take that course because we have been impressed by what you have done since your arrest and since you were charged with this offence.

7.        You attended the Drug and Alcohol Service of your own accord.  You have broken off your relationship with a drug supplier, and all those things encourage us to believe that you will in fact turn the corner and make something of your life.  You are an intelligent young woman.  The Court wants you to succeed in breaking off completely with your drug taking friends and associates, and that is the only way in which you will be able to succeed.

8.        We are going to place you on probation for a period of 1 year, subject to all the usual conditions, that you be of good behaviour during that time and that you live and work as directed by your Probation Officer.  We are also going to make it a condition of the Probation Order that you will attend treatment at the Drug and Alcohol Service and you must comply with all the directions that are given to you. 

9.        We think we should, for the reasons which the Court has outlined in relation to your co-defendant, punish you for the offences which you have committed, and we are going to order you to do 90 hours' community service.  We state that the alternative to that is 3 months' youth detention.  The community service must be completed to the satisfaction of the community service organiser.

10.      We understand the submissions made by your counsel in relation to the possibility of your leaving the Island, and we do not want in any way to inhibit any action which your Probation Officer might think to be sensible and appropriate to make sure that you do turn the corner and don't get involved in drugs again.  We are saying expressly that, notwithstanding, that we are placing you on probation for 12 months and that we are ordering you to do this community service we want to make it clear that it is open to the Probation Service, that if the Probation Officer is satisfied that this is the right thing to do for your future to make an application to the Court for the early discharge of that order, so that you might be able to leave the Island and go to the United Kingdom.

No Authorities