AG v Bisson

• Jurisdiction: Jersey
• Court: Royal Court
• Judge: The Deputy Bailiff
• Judgment Date: 08 December 2006
• Neutral Citation: [2006] JRC 183
• Date: 08 December 2006

[2006] JRC 183

ROYAL COURT

(Samedi Division)

Before:

M. C. St. J. Birt, Esq., Deputy Bailiff, and Jurats de Veulle, and Allo.

The Attorney General

and

Paul Emmanuel Bisson

A. J. Belhomme, Esq., Crown Advocate.

Advocate L. J. L. Buckley for the Defendant.

No Authorities

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

1count of: Possession of a controlled drug, contrary to Article 8 (1) of the Misuse of Drugs (Jersey) Law, 1978. (Count 1).

1 count of: Driving without a licence, contrary to Article 4 (1) of the Road Traffic (Jersey) Law, 1956. (Count 2).

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. (Count3).

1 count of: Falsification of an insurance disc, contrary to Article 18 (1) of the Motor Traffic (Third Party Insurance) (Jersey) Law, 1948. (Count 4).

1 count of: Wrongful use of an insurance disc, contrary to Article 18 (1) of the Motor Traffic (Third Party Insurance) (Jersey) Law, 1948. (Count 5).

1 count of: Falsification of a certificate of insurance, contrary to Article 18 (1) of the Motor Traffic (Third Party Insurance) (Jersey) Law, 1948. (Count 6).

1 count of: Wrongful use of a certificate of insurance, contrary to Article 18 (1) of the Motor Traffic (Third Party Insurance) (Jersey) Law, 1948. (Count 7).

1 count of: Permitting a person to use a motor vehicle uninsured against third party risks, contrary to Article 2 (1) of the Motor Traffic (Third Party Insurance) (Jersey) Law, 1948. (Count 8).

1 count of: Permitting a person to use a motor vehicle with excessively tinted windows, contrary to Article 77 (3) (b) of the Road Traffic (Jersey) Law, 1956. (Count 9).

Age : 27

Plea: Guilty.

Details of Offence:

The accused was stopped by police and found in possession of two small wraps of heroin (87 mg containing 17% by weight diamorphine). During interview he admitted possessing the wraps but refused to name his supplier. He said he had bought the drugs to get him through the weekend (Count 1).

Late one evening the accused was stopped by the police driving his girlfriend's car on the Esplanade. A check revealed his provisional driving licence had expired. He had previously been disqualified for a period of 12 months (and until the required test had been passed). He had not yet taken the required test. He was therefore driving whilst disqualified (Count 2). It was subsequently established he was not insured (Count 3).

The following day the accused and his girlfriend attended at Police Headquarters to produce their driving documents. They arrived in the accused's vehicle driven by his girlfriend. The girlfriend produced a windscreen insurance disc for her car. It was established this was stolen. The accused produced a cover note and temporary widow insurance disc for his car. The cover note was found to have been altered using tippex fluid. The insurance disc had been forged (Counts 4, 5, 6 and 7). The accused's girlfriend was not insured to drive his car (Count 8). The accused's vehicle was left at Police Headquarters overnight. It was examined by an officer of the Driver and Vehicle Standards Department and found to have near and offside front windows which had been illegally darkened. (Count 9).

During interview the accused said he had not realised his provisional driving license had expired and admitted this was his fault for not checking. He admitted driving uninsured on the Esplanade. He also admitted allowing his girlfriend to drive to Police Headquarters uninsured the following day. He candidly confirmed he had forged the windscreen insurance disc and cover note. He described his actions as a “fraudulent mistake”. He admitted that in bad light or poor weather he was obliged to wind down the front widows of his vehicle.

Breach of Probation —Community Service Order (previous Indictment).

The police were investigating a break-in at an electrical firm. A warrant was executed at the accused's home address the following drugs were recovered: Diamorphine (heroin) 151 mg. MDMA (ecstasy) 3 tablets. Cannabis resin 1.31 grams. Buprenorphine (Subutex 140.4 mg) (6 tablets).

The accused was charged. A further warrant was later executed at his home address and the following additional drugs seized: Diamorphine (heroin) 132 mg. LSD 7 ³/₄ squares. Cannabis resin 1.5 grams. Diazepam (Valium) ¹/₂ tablet Buprenorphine (Subutex) 2.4 mg.

In addition, the accused admitted supplying one “50” bag of heroin to another heroin user. This was a non-commercial supply to a friend for which he received no payment. He also admitted buying ten valium tablets for £1 each and supplying five of these to another person for £1.50 (a total of £2.50). The Crown accepted this was not commercial trafficking and the guideline cases did not apply.

Details of Mitigation:

Residual youth. Guilty pleas (with the exception of charges relating to using a certificate of insurance and windscreen insurance disc to deceive) these were entered at a relatively early stage. Remorse. Unfortunate family background.

Previous Convictions:

Appalling record containing numerous convictions for possession of controlled drugs and miscellaneous motoring offences. The accused had consistently breached previous Probation, Community Service and Binding Over Orders.

Conclusions:

Count 1: 3 months' imprisonment.

Count 2: 3 months' imprisonment, disqualified from holding/obtaining licence for 12 months.

Count 3: 6 months' imprisonment, disqualified for 12 months. Concurrent.

Count 4: 3 months' imprisonment.

Count 5: 3 months' imprisonment.

Count 6: 3 months' imprisonment.

Count 7: 3 months' imprisonment.

Count 8: 6 months' imprisonment,...