AG v Crowley
| Jurisdiction | Jersey |
| Court | Royal Court |
| Judge | The Bailiff |
| Judgment Date | 23 May 2005 |
| Neutral Citation | [2005] JRC 69 |
| Date | 23 May 2005 |
[2005] JRC 69
ROYAL COURT
(Samedi Division)
Sir Philip Bailhache, Bailiff, and Jurats Tibbo, Bullen, Le Breton, King, Le Cornu and Newcombe.
A. Binnington, Esq., Crown Advocate.
Advocate S.A. Pearmain for the Defendant.
A.G. v Roberts (11th October, 2002) Jersey Unreported [2002/194B].
Morgan v A.G. [2001] JLR 225.
Sentencing by the Superior Number of the Royal Court, on guilty plea to:
1 count of: Possession of a controlled drug, contrary to Article 6(1) of the Misuse of Drugs (Jersey) Law, 1978. (Count 2 — cocaine).
(Count 1 falls away).
Age: 20.
Details of Offence:
Following the receipt of information, a search warrant for Crowley's parents' home was issued and on 9 February 2005 Officers from the States of Jersey Police Drugs Squad attended at the address and executed the warrant. Crowley returned to the property while the police were there and was searched but nothing of significance was recovered.
Drugs Squad Officers were then deployed to the St Aubin's area. A green Nissan Primera, belonging to Crowley's father, was located. Crowley's father was found working nearby and he was informed by officers that his vehicle was to be searched. Crowley's father gave the officers access to his vehicle.
A black CD wallet was found on the back seat of the vehicle, inside which 17 small “zip-loc” bags containing white power were discovered. (Test confirmed the while powder to be cocaine).
Crowley was then arrested on suspicion of being in possession of cocaine with the intention of supplying it.
At interview Crowley admitted the offence. According to Crowley, he had picked up a friend in St Helier and, at his request, had driven him to St. Aubin. In St. Aubin this friend left Crowley, for approximately twenty minutes before returning, whilst Crowley remained in the vehicle. Crowley then drove the friend back to St. Helier when the friend asked Crowley to “look after” something for him. Crowley agreed and was given a cigarette packet containing the drugs and £100 in cash, and it was intimated that he would be given further money when he handed the package back.
Crowley admits that he knew the packet contained cocaine.
Crowley did not name his “friend”, but has described him as an older male acquaintance known through football circles.
On 9 th February, 2005, Crowley was charged with possession of cocaine and possession with intent to supply cocaine.
Details of Mitigation:
Crowley's Advocate maintained that a reduction in the starting point moved for by the Crown was appropriate on the basis that this was an exceptional case and a movement of the starting point followed by appropriate reductions would bring this matter to a level where a Community Service Order could be considered as an alternative to a custodial sentence. It was also contended that Crowley had the benefit not only of youth (he was 19 at the time of the office) but also was of good character, well educated and had just set...
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