Jersey Unreported Judgments

[2008]JRC201

ROYAL COURT

(Samedi Division)

28^th November 2008

Before     :

J. A. Clyde-Smith, Esq., Commissioner and Jurats Le Brocq and Morgan.

The Attorney General

-v-

Christopher James Samson

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

2 counts of:

Possession of a controlled drug with intent to supply, contrary to Article 8(2) of the Misuse of Drugs (Jersey) Law 1978.  (Counts 1 and 2).

Age:  25.

Plea: Guilty.

Details of Offence:

Samson was found in possession of 28 ecstasy tablets and 10.24 grams of amphetamine sulphate.  He pleaded not guilty and a trial date was fixed.  Very late in the day, 2 weeks before the trial and after a substantial amount of preparation took place, he pleaded guilty on a specific basis, that he intended to supply approximately 10 tablets and a small amount of powder and the rest was for his own consumption.  Any supply was to be social, to friends at cost price.

Details of Mitigation:

Very much a social supply.  Remorse.  Suicide attempt just after arrest.  Turned his life around since then.  Course at Highlands.  Efforts significant in view of troubled childhood.

Previous Convictions:

Relatively poor record but nothing for drugs.

Conclusions:

Count 1:	2 years' and 9 months' imprisonment.
Count 2:	6 months' imprisonment, concurrent.

Total:  2 years' and 9 months' imprisonment.

Forfeiture and destruction of drugs sought.

Sentence and Observations of Court:

Count 1:	12 month Probation Order and 180 hours' Community Service Order, with a condition of attendance at Drugs and Alcohol and comply with any programmes and to remain drug free throughout.
Count 2:	12 month Probation Order and 90 hours' Community Service Order, concurrent.

Total:  12 month Probation Order and 180 hours' Community Service Order.

Forfeiture and destruction of drugs made.

R. C. L. Morley-Kirk, Crown Advocate.

Advocate S. A. Pearmain for the Defendant.

JUDGMENT

commissioner:

1.        The defendant stands to be sentenced on the basis, accepted by the Crown, that he intended to supply to friends approximately 10 tablets, out of a total of 28 seized, at cost price and a small amount of amphetamine sulphate, out of 7.24 grams seized, if asked, again at cost price.  What he didn't sell he intended to use himself.  The ecstasy tablets have a street value of £280 and the amphetamine sulphate between £307 and £358. 

2.        As this is a case of social supply, the Crown submit, following AG-v-Neil [2004] JRC 088, that the ordinary scale of starting points do not apply but as two types of drugs are involved, a Valler-v-AG 2002/133 uplift would be appropriate to reflect the additional criminality involved.  The Crown submits that 4 years is the appropriate starting point for the ecstasy which should be increased by an additional 6 months to reflect the supply of amphetamine, making a total starting point of 4 years and 6 months.  We do not regard the Valler uplift as being appropriate on the facts of this case and agree with the defence that the starting point sought by the Crown is too high.  In our view the starting point should be 3 years.

3.        Although the defendant pleaded guilty it was only some two weeks before his trial when considerable work in preparation had been done.  There had been no change in evidence and therefore the Crown consider that a full third credit is not justified.  The Crown asserted that the Court had said on many occasions that unless there are exceptional circumstances, a custodial sentence will be imposed for offences of this nature.  However on looking at the authority produced by the Crown namely the case of AG-v-Daniel [2008] JRC 167, it would appear that the Court on that case said that such an offence would more often than not lead to a sentence of imprisonment. 

4.        Although the defendant has no previous convictions for drugs offences, it is clear that he has had a troubled childhood.  Dyslexia and attention deficit disorder led to him failing at school and to start offending.  He began to drink alcohol at 12 years and to take cannabis at 13 years.  He experimented with ecstasy at the age of fifteen.  He has tried cocaine but has avoided heroin.  He is currently drugs-free.  

5.        However, for the first time in his life, he has found something that has interested him in that he has given up his manual work that previously supported him and is attending a full time "return to learning" course at Highlands which he is enjoying.  He is studying for some GCSE's and plans to do an "access to higher learning" course and to attend university.  He currently lives at home with his mother and his stepfather who support him.  His mother has written to us over his previous isolation and lack of self esteem and it is clear that he has been deeply depressed, in particular after his arrest.  She tells us however, that the Highlands course has completely changed his demeanour for the better and she fears for his health if he were to be in prison.

6.        Samson, the Court is very impressed by the way that you have turned your life around and by the support of your mother and her family.  We are therefore going to avoid a custodial sentence so that you can complete your course and hopefully achieve your ambition of going to university.  We accept the recommendations of the Probation Department that you should benefit from a Probation order with a treatment order.  However we do regard these offences as serious and we are therefore going to impose, in addition, a Community Service Order to reflect the policy of the Court in respect of drug trafficking which causes so much pain, distress and misery in the Island.

7.        Therefore, you are sentenced as follows, on count 1; 1 years' probation on the usual conditions but in order to support you, with the following additional conditions, firstly that you attend the Alcohol and Drugs Service for a period of 12 months' as directed by the Probation Officer and comply with all treatment goals and testing as required by the Service.  Secondly, that you attend any other programmes the Probation Officer may direct and thirdly, that you shall, for the whole of the period of probation, remain drug-free and submit yourself to random drug testing.  You are also sentenced to 180 hours' Community Service which is the equivalent of 12 months' imprisonment.  On count 2 you are sentenced to 1 years' Probation on the same conditions, concurrent and you are sentenced to 90 hours' Community service, which is equivalent to 3 months' imprisonment, concurrent, making a total sentence of 1 year's probation and 180 hours' Community Service.  We must, of course, warn you that if you breach the terms of probation or fail to comply with the Community Service, you will come back before us and you will most certainly go to prison.

8.        We order the forfeiture and destruction of the drugs.

Authorities

AG-v-Neil [2004] JRC 088.

AG-v-Daniel [2008] JRC 167.

Campbell-v-AG [1995] JLR 136.

Valler-v-AG 2002/133.