AG v Cash

• Jurisdiction: Jersey
• Court: Royal Court
• Judge: The Deputy Bailiff
• Judgment Date: 19 May 2006
• Neutral Citation: [2006] JRC 77
• Date: 19 May 2006

[2006] JRC 77

ROYAL COURT

(Samedi Division)

Before:

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

The Attorney General

and

Ian Francis Cash

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

Advocate R. C. L. Juste for the Defendant.

No Authorities.

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

1 count of: Possession of a controlled drug with intent to supply contrary to Article 8 (2) of the Misuse of Drugs (Jersey) Law 1978. (Count 3).

1 count of: Possession of a controlled drug contrary to Article 8 (1) of the Misuse of Drugs (Jersey) Law 1978. (Count 6).

1 count of: Supplying a controlled drug contrary to Article 5 (b) of the Misuse of Drugs (Jersey) Law 1978

Age : 23.

Plea : Guilty

Details of Offence:

Cash received four “nine bars of cannabis”, weighing approximately 1 kilogram, from an unnamed man. He hid three of the bars at his sister's house with the intention of minding them for the said man. (Count 1). His sister was unaware of this.

He was given the fourth bar as a reward, and went on to sell approximately 6 ozs therefrom (Count 3), retaining the remaining cannabis for his own use (Count 2).

He made £1,290 from the sale of the cannabis, which was evidence of commercial dealing, as opposed to social supply of cannabis.

Details of Mitigation:

Guilty pleas, wrote own indictment on the supply charge, residual youth, good character, remorse, support from family and employers.

Previous Convictions:

One previous conviction for disorderly on licensed premises.

Conclusions:

Count 1: 10 months' imprisonment. (Starting point: 2 years).

Count 2: 2 week's imprisonment, concurrent.

Count 3: 10 months' imprisonment, concurrent.

Total: 10 months' imprisonment.

Sentence and Observations of Court:

Count 1: 160 hours' Community Service.

Count 2: 40 hours' Community Service, concurrent.

Count 3: 160 hours' Community Service concurrent..

The Court adopted the Crown's starting point of 2 years despite the commercial quantity of cannabis involved amount to slightly less than 1 kilo. Crown's conclusions were correct, but Court felt that due to the mitigation advanced, they could order a community based alternative.

Total: 160 hours community service (alternative sentence 10 months' imprisonment).

The Deputy Bailiff

1 You took about a kilo of cannabis and you agreed to look after about three-quarters of it and the remaining quarter you were free to...