Jersey Unreported Judgments

[2010]JRC142

ROYAL COURT

(Samedi Division)

30^th July 2010

Before     :

Sir Philip Bailhache., Kt, Commissioner, and Jurats Clapham and Nicolle.

The Attorney General

-v-

Stephen Darren Casey

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

1 count of:	Obstructing police officers in the execution of their duty, contrary to Article 19(7)(a) of the Misuse of Drugs (Jersey) Law 1978 (Count 1).
1 count of:	Possession of a controlled drug with intent to supply to another, contrary to Article 8(2) of the Misuse of Drugs (Jersey) Law 1978 (Count 4).
1 count of:	Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978 (Count 3).

Age:  37.

Plea: Guilty.

Details of Offence:

Officers attended at Casey's home address to execute a warrant.  Casey was outside the building and attempted to run away when the officers identified themselves.  He was arrested and continued to struggle violently (Count 1). 

Casey was searched and a bag containing 10 grams of cannabis was found in his jacket pocket (Count 4).  The drug warrant was then executed and a plastic bag containing approximately 1 kg of cannabis and a packed lunch was found in the communal hallway of the building (Count 3). 

At interview Casey gave "no comment" answers to all questions put but later told the probation officer that he was merely "minding" the drugs. 

Details of Mitigation:

Full credit for his guilty plea.  Three children in Northern Ireland and a supportive relationship with a local partner who had had to take in a lodger to make ends meet.  Had made constructive use of his time on remand at La Moye. 

Previous Convictions:

29 convictions including 1 drug offence, 12 assaults on police and 1 for obstructing police. 

Conclusions:

Count 1:	2 weeks' imprisonment.
Count 3:	1 month's imprisonment, concurrent.
Count 4:	15 months' imprisonment, concurrent.

Total:  15 months' imprisonment. 

Forfeiture and destruction of drugs sought.

Sentence and Observations of Court:

The Court accepted that Casey was merely a minder, but commented that trafficking of any sort would normally attract a custodial sentence.  However in all the circumstances Casey having served 6 months on remand, the Court concluded that it could be merciful and impose a sentence of community service. 

Count 1:	180 hours' Community Service Order.
Count 3:	180 hours' Community Service Order, concurrent.
Count 4:	180 hours' Community Service Order, concurrent.

Total:  180 hours' Community Service Order, equivalent to 12 months' imprisonment. 

Forfeiture and destruction of drugs ordered. 

C. M. M. Yates, Esq., Crown Advocate.

Advocate J. W. R. Bell for the Defendant.

JUDGMENT

THE commissioner:

1.        This defendant is to be sentenced for an offence of possession of cannabis with intent to supply, obstructing the police and other offences.  We accept that the obstruction of the police was more of a scuffle than anything involving serious violence of which we might have taken a very different view.  Generally speaking the penalty for trafficking in drugs, even Class B drugs, is prison. 

2.        If you had already not served a sentence of nearly 6 months' imprisonment, we would not be considering a non-custodial sentence as urged by your counsel.  We note however, particularly, that you have kept out of serious trouble for twelve years and that you are accepting of the responsibilities that you have towards your children and towards your current partner.  We have read your letter very carefully and we have also read the references that you supplied to the Court which are very good references, and you have a good employment record while you have been in Jersey.  All these things enable us to take the perhaps merciful view that a non-custodial sentence is possible and we are therefore going to order you to perform community service as recommended by your counsel and by the Probation Service. 

3.        The sentence of the Court is that you will be sentenced to 180 hours' community service on each Count, concurrent, which is the equivalent to 12 months' imprisonment.  I need to warn you that if you do not keep out of trouble and if you fail to complete your community service and come back to this Court for sentence, you are likely to go to prison and if you do go back to prison the sentence that you have already served will not be taken into account.  Having said that, and given you that warning, we hope that we do not see you again.  You have much good to offer the island, we are sure, and we hope that you will do that. 

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

Authorities

Campbell-v-AG [1995] JLR 136.