AG v Allardice

• Jurisdiction: Jersey
• Court: Royal Court
• Judge: F.C. Hamon,O.B. E.,Jurats Tibbo,Bullen,Allo,King,Le Cornu,Morgan
• Judgment Date: 15 February 2007
• Neutral Citation: [2007] JRC 39
• Date: 15 February 2007

[2007] JRC 39

ROYAL COURT

(Samedi Division)

Before:

F.C. Hamon, Esq., O.B. E., Commissioner, and Jurats Tibbo, Bullen, Allo, King, Le Cornu and Morgan.

The Attorney General

and

John Steven Allardice

S. M. Baker, Esq., Crown Advocate.

Advocate R. J. MacRae for the Defendant.

Authorities

R v McGuiness [1987] App. Ct. 303 3131.

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

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, (as amended. (Counts 1 and 2).

1 counts of: Supplying a controlled drug contrary to Article 5 of the Misuse of Drugs

(Jersey) Law, 1978 (as amended). (Count 3).

Age : 26.

Plea: Guilty.

Details of Offence:

On Friday 11 August 2006, Allardice was stopped by two plain clothes Police Officers in Victoria Street. Allardice was asked whether he had “anything on” him by the officers. Allardice replied “pills”. When he was asked “how many?” Allardice replied “about a hundred” and took a Kleenex packet from his pocket. This was found to contain two hundred small white tablets. The tablets from Allardice's pocket were tested and found to be 100 ecstasy and 100 amphetamine sulphate tablets. In interview Allardice claimed that he had just bought the 100 ecstasy tablets from a man before the Police arrested him, and that they were for his personal use only. Allardice claimed that he had intended to buy only the ecstasy, not the amphetamine. A friend of Allardice's was arrested on suspicion of being concerned in the supply of controlled drugs. She gave a statement saying that she had been supplied between 8 to 12 ecstasies by Allardice on several occasions over the previous months and this tallied with text messages sent between the two.

Allardice gave a basis of plea on Count 1 that he intended to sell between 20 and 30 ecstasy tablets on a commercial basis. The supply would have been to existing drug users and the proceeds used to fund his own habit. As to Court 2, Allardice maintained that he intended to return the 100 amphetamine tablets to his dealer because the dealer had given them to him by accident. As to Count 3, the basis of plea was that he supplied his friend with between 8 and 12 ecstasy tablets in exchange for her cleaning his girlfriend's flat.

Details of Mitigation:

Guilty plea. No previous convictions. Many positive letters of recommendation from employers and friends. Voluntary drug and alcohol testing by Defendant.

Previous Convictions:

None.

Conclusions:

Count 1:4 years' imprisonment.

Count 2:3 years' imprisonment, concurrent.

Count 3:4 years' imprisonment, concurrent.

Total: 4 years' imprisonment.

Forfeiture and destruction of the drugs sought.

Sentence and Observations of Court:

Count 1:240 hours' Community Service Order and Binding Over Order for 1 year with a treatment order.

Count 2:240 hours' Community Service Order and Binding Over Order for 1 year with a treatment order.

Count 3:240 hours' Community Service Order and...