Jersey Unreported Judgments

[2003]JRC063

ROYAL COURT

(Samedi Division)

 

3^rd April 2003.

 

 

The Attorney General

-v-

Daniel Phillip Holley

 

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 17^th January, 2003, following a guilty plea to the following charges:

 

1 count of:	Taking and driving away a motor vehicle contrary to Article 28(1) of the Road Traffic (Jersey) Law 1956, as amended (count 1);
1 count of:	Possession of a controlled drug, contrary to Article 6(1) of the Misuse of Drugs (Jersey) Law 1978: Count 2: MDMA. [Count 2 withdrawn, but to remain on file].
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 3: MDMA.
1 count of:	Illegal entry and larceny (count 4).

 

And following admitted breach of a 1 year probation order, made in the Magistrate's Court on 19^th November, 2001, following a guilty plea to 1 count of taking and driving away (count 1); 1 count of driving without a licence (count 2); 1 count of driving without insurance (count 3); 1 count of illegal entry and larceny (count 4); 1 count of drinking on licensed premises under age (count 5); 1 count of conduct likely to cause breach of the peace (count 6); 1 count of resisting arrest (count 7).

 

Age:     18

 

Details of Offence:

Whilst under the influence of drink Holley entered the area of the Merton Hotel and stole a mobile phone.   He then walked to Grouville where he found a car parked on a private track with the keys in the ignition.  He drove it a short distance along the track and crashed it into a wall.  On being apprehended by the police he was found to have 16 ecstasy tablets in his possession.  He subsequently admitted to the police that he had purchased them for £9 each and intended to sell them to a friend for £10 each.  These offensives placed him in breach of a 2 year probation order by the Youth Court for 7 offences including taking and driving away, illegal entry and larceny, resisting arrest and purchasing alcohol under age.

 

Details of Mitigation:

Guilty plea.  Effectively wrote his own indictment in relation to the possession with intent to supply charge, 16 tablets may well not otherwise have been regarded as a commercial amount.  Level of involvement in drug trade minimal as purchase of tablets was in effect a joint purchase with a friend.  Remorse.  Offer to pay for damage to car if non-custodial sanction imposed.  Serious drink problem which he had begun addressing while on remand in custody.

 

Conclusions:

Count 1:	6 months' youth detention; Compensation Order for £1,381.22.
Count 3:	2 years' youth detention, concurrent. (6 year starting point.)
Count 4:	3 months' youth detention, concurrent.

Breach of Probation Order:

Count 1, 3, 4, 6 and 7: 1 month's youth detention concurrent with each other but consecutive to other sentences.

Count 2, 5: Probation Order to be discharged.

 

Total: 2 years 1 month Youth Detention.

 

Sentence and Observations of Court:

 

Court prepared to give Holley a chance.  Existing Probation Order discharged.  2 year Probation Order made with condition of attendance at Alcohol and Drugs Service as required and of his residing at parent's address.

£1,381.22 Compensation Order made, to be paid at the rate of £50 per week, or 2 months' youth detention in default of payment.

Warned that if probation order breached, Crown's conclusions would be granted.

 

A.R.Binnington, Esq., Crown Advocate.

Advocate M. Renouf for the accused.

 

 

 

JUDGMENT

 

 

THE commissioner:

1.        In an intoxicated state Holley entered the Merton Hotel at night and there stole a mobile phone.  About an hour and a half later, going in quite the wrong direction to where he lived, he attempted to steal a motor car in Grouville but drove it into a garden wall.  He was detained by a Mr Le Blancq whose elderly mother was the car's owner.

2.        Holley was duly arrested and 16 ecstasy tablets were found in a tin in his underwear.  When he pleaded guilty, he admitted being in breach of an existing Probation Order.  All the complex facts of this case have been comprehensively dealt with by the Crown Advocate, Mr. Binnington and we are very grateful to him.

3.        As Crown Advocate Binnington rightly said, the possession of the 16 ecstasy tablets with intent to supply is the most serious of the charges.  In the appeal case of Campbell & Others [1995] JLR 136 the court said that much would depend upon the amount and value of the drugs involved, the nature and scale of the activity and, of course, any other factors showing the degree to which the defendant was concerned in drug trafficking.  If we were to follow the guidelines in Bonnar & Noon -v- A.G. [1995] JLR 136, we would have a starting point of between 7 and 9 years, although Mr Binnington is prepared to put the starting point at 6 years, because this is only a trafficking case as a result of Holley's having written his own indictment.  There was little profit involved and it can be regarded as very much an opportunist crime. 

4.        We have considered all the facts with great care.  Holley is still only 18; he has had serious emotional problems, which he has had to face during his young life.  He is at the moment in gainful employment, and we have a letter from his employer which says he is prepared to take him back.

5.        We are going to take a calculated risk with you.  We discharge entirely the existing Probation Order.  You have already breached your probation twice.  I want you to bear this in mind: this is the Royal Court and we are not very sympathetic to people who breach our orders. 

6.        We are going to put you on 2 years' probation.  During that time you will take treatment at the Alcohol and Drug Service, at whatever times and on whatever days they require.  You will pay compensation of £1,381.22 or 2 months' in default if you do not pay the full sum, at the rate of £50 a week.  That is to be paid to the Viscount.  I must tell you that if you get into financial difficulties you must let the Viscount know of your problems immediately. 

7.        A condition of your Probation Order is that you live with your parents, and we have made some enquiries of the Probation Service and that would appear to be acceptable.  You have, during the two years, to keep off alcohol and you have to choose your friends with some care.  If you breach this order in any significant way, we are going to say that the conclusions of the Crown will be followed.  Therefore, if you breach this Order you are liable for youth detention for 2 years and one month.

Authorities

Campbell & Ors -v- A. G. [1995] JLR 136.

Bonnar & Noon -v- A.G. [2001] JLR 626.

A.G. -v- Doyle (8^th March 1995) Jersey Unreported.

A.G. -v- Adams (1^st August, 1997) Jersey Unreported.