Jersey Unreported Judgments

[2009]JRC250

ROYAL COURT

(Samedi Division)

18^th December 2009

Before     :

M. C. St. J. Birt, Esq., Bailiff, and Jurats Le Brocq and Le Cornu.

The Attorney General

-v-

William John Scobie

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

First Indictment

4 counts of:	Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978.  (Counts 1, 2, 5 and 6).
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 3 and 7).

Second Indictment

1 count of:	Driving whilst disqualified, contrary to Article 15(4) of the Road Traffic (Jersey) Law 1956.  (Count 1).
1 count of:	Using a motor vehicle uninsured against third party risks, contrary to Article 2(1) of the Motor Traffic (Third Party Insurance)(Jersey) Law 1948, as amended.  (Count 2).

Age:  51.

Plea: Guilty.

Details of Offence:

On 28^th April, 2009, Scobie was arrested and found to be carrying 1.48 grams of cannabis resin (Count 1).  On 18^th May, 2009, he was re-arrested and found with 24 grams of resin (Count 2). 

On 17^th June, 2009, police executed warrants at both Scobie's and his girlfriend's addresses.  At Scobie's home they seized 650 grams of high quality "pollen" cannabis resin with a value of between £6,500 and £9,750 (Count 3).  They also seized a personal amount of cannabis - 16 grams (Count 5), 5.67 grams of cocaine (Count 6) and £1,816 in cash. 

At Scobie's girlfriend's address the police seized a further 200 grams of "pollen" cannabis worth between £2,000 and £3,000 (Count 7).

Scobie was arrested and interviewed.  He admitted a historic cannabis addiction, but initially denied that the drugs were his.  He claimed that the drugs had been planted and entered not guilty pleas on Indictment.  However, prior to trial, Scobie accepted that all the drugs belonged to him, and that he intended to supply the commercial amount of cannabis seized among a group of friends. 

Whilst on bail pending sentence, Scobie was arrested riding his moped, despite having been banned from driving for 6 years in 2007.  He therefore had no licence and no insurance at the time (Counts1 and 2, Second indictment). 

Details of Mitigation:

Guilty pleas, remorse.

Previous Convictions:

28 previous convictions comprising 55 offences, including drugs offences, burglary, break and entry and violence.  Scobie was sentenced to 5½ years' imprisonment for importing cannabis in 2002.  He was also convicted of driving without insurance on two previous occasions. 

Conclusions:

First Indictment

Count 1:	1 week's imprisonment.
Count 2:	3 weeks' imprisonment, concurrent.
Count 3:	12 months' imprisonment, consecutive to Counts 1 and 2.
Count 5:	3 weeks' imprisonment, concurrent to Count 3.
Count 6:	12 months' imprisonment, concurrent to Count 3.
Count 7:	12 months' imprisonment, concurrent to Count 3.

Second Indictment

Count 1:	8 months' imprisonment, consecutive to First Indictment.
Count 2:	12 months' imprisonment, concurrent.

Total:  2 years and 4 weeks' imprisonment.

Disqualification from driving for 2 years

Confiscation order in the sum of £1,816 sought.

Forfeiture and destruction of drugs sought.

Sentence and Observations of Court:

In the circumstances of the case the Court felt able to reduce the Crown's conclusions slightly.

First Indictment

Count 1:	1 week's imprisonment.
Count 2:	3 weeks' imprisonment, concurrent.
Count 3:	12 months' imprisonment, concurrent.
Count 5:	3 weeks' imprisonment, concurrent.
Count 6:	12 months' imprisonment, concurrent.
Count 7:	12 months' imprisonment, concurrent.

Second Indictment

Count 1:	8 months' imprisonment, consecutive to the First Indictment.
Count 2:	9 months' imprisonment, concurrent.

Total:  21 months' imprisonment.

Confiscation order in the sum of £1,816 made.

Disqualification from driving for 2 years.

Forfeiture and destruction of the drugs ordered.

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

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

JUDGMENT

THE BAILIFF:

1.        You were found in possession with intent to supply 850 grams of cannabis and you were also found in possession of various other small drugs for personal use.  You also drove without insurance and drove whilst disqualified and this is the third time that you have driven without insurance and the consequences for others if you crash into them can be very serious in such cases.  You offended whilst on bail and you have a very poor record.

2.        In mitigation, Mr Bell has urged the fact that you did plead guilty to all the drug offences and this was a plea of some value, but most particularly, he says that, at the age of 51, you have now realised you have got to change your ways; otherwise you are just going to carry on as you have in past, which is clearly not ideal.  We have read the reports and we accept that, hopefully, you have realised the time has come to break the patterns of the past.  We have read your letter and we have taken careful note of it.  Nevertheless, as your counsel has realistically accepted, there is no alternative to a prison sentence but we do feel that we can reduce the conclusions slightly.

3.        On the First Indictment: Count 1; 1 week, Count 2; 3 weeks, Count 3; 12 months, Count 5; 3 weeks, Count 6; 12 months and Count 7; 12 months, but all of those to be concurrent.  And then in relation to the Second Indictment, Count 1; 8 months and Count 2; 9 months, we are reducing that from 12 months, all of those to be concurrent but consecutive to the others, making a total of 21 months' imprisonment and we impose a disqualification from driving for 2 years. 

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

Authorities

Campbell & Others-v-AG [1995] JLR 136.