Jersey Unreported Judgments

 [2004]JRC076

ROYAL COURT

(Samedi Division)

 

30^th April, 2004

 

 

The Attorney General

-v-

Gregory Ronald Harris

 

 

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 2: cannabis resin

 

[On 19^th March 2004, the Court directed that count 1 of the indictment should remain on file.]

 

Age:     28

 

Plea:    Guilty.

 

Details of Offence:

On 7^th January, 2004 police officers attended Harris' home address.  Harris was found to be in possession of cannabis resin weighing 104.60 grams in total.  The cannabis was cut and wrapped in cellophane ready for sale.  Harris had made some unsuccessful attempts to sell it to friends.

 

Details of Mitigation:

Harris pleaded guilty and was co-operative with the police when interviewed.  He named his supplier and was willing for that fact to be revealed in open Court.  He had no prior convictions.

 

Conclusions:

 

Count 2:

6 months' imprisonment.

 

Sentence and Observations of Court:

Having regard to the contents of the Social Enquiry Report together with the other mitigating factors, the Court sentenced Harris to 120 hours' community service.

 

The Court gave Harris a clear warning that if he re-offends, he will be returned to Court and sentenced to 6 months' imprisonment.  The Court observed that the Crown's conclusions were perfectly reasonable.  An Order was made for the forfeiture and destruction of the drugs.

 

 

 

A.D. Robinson, Esq., Crown Advocate.

Advocate J. Bell for the Defendant.

 

 

 

JUDGMENT

 

 

 

THE DEPUTY BAILIFF:

1.        Normally those who supply, or are in possession of cannabis with intent to supply go to prison but we accept, in your case, that this was a "one-off", as the Crown has accepted, and that it arose out of the fact that your dealer had given you a slightly larger amount than you normally purchase from him - you are a user of cannabis.

2.        We also note the plea of guilty, that you have no previous convictions and the fact that you were co-operative with the police and told them from whom you had purchased the cannabis and this stands you very much in good stead.

3.        Taking all these matters into account and the other matters which appear from the reports, we think we can deal with this by way of a non-custodial sentence, so you will not have to go to prison. 

4.        The sentence is that you carry out 120 hours' community service and we state that the sentence we would have had in mind as an alternative would have been that correctly moved for by the Crown, namely 6 months' imprisonment.

5.        I must warn you, therefore, that if you commit any more offences, or if you do not carry out the community service, then you will be brought back here, and at that stage, you will almost certainly go to prison.  In other words, you are being given a chance.  Provided you carry out this community service properly and do not re-offend, that will be the end of the matter, but otherwise you will come back here.  We also order the forfeiture and destruction of the drugs.

Authorities

AG -v- Le Lai (22^nd February 2001) Jersey Unreported; [2001/48].

Campbell and Ors -v- AG [1995] JLR 136.

Whelan: Aspects of Sentencing in the Superior Courts of Jersey (2^nd Edition): pp.48-50.