AG v Dos Santos
| Jurisdiction | Jersey |
| Court | Royal Court |
| Judge | F. C. Hamon,O.B.E.,Jurats Allo,Clapham,Quérée,Newcombe,Liddiard |
| Judgment Date | 03 May 2007 |
| Neutral Citation | [2007] JRC 93 |
| Date | 03 May 2007 |
[2007] JRC 93
ROYAL COURT
(Samedi Division)
F. C. Hamon, Esq., O.B.E., Commissioner, and Jurats Allo, Clapham, Quérée, Newcombe and Liddiard.
S. Sharpe, Crown Advocate.
Advocate M. J. Haines for the Defendant.
Mendes v AG [2003] JCA 106.
Sentencing by the Superior Number of the Royal Court following guilty pleas to the following charges:
1 count of: Supplying a controlled drug, contrary to Article 5(b) of the Misuse of Drugs (Jersey) Law, 1978. (Count 1).
1 count of: Possession of a controlled drug with intent to supply, contrary to Article 8(2) of the Misuses of Drugs (Jersey) Law, 1978. (Count 2).
1 count of: Obstruction of a police officer in the exercise of his duty, contrary to Article 19(7)(a) of the Misuse of Drugs (Jersey) Law, 1978. (Count 3).
Age : 24.
Plea: Guilty.
Details of Offence:
The Defendant was walking along La Motte Street with another male when he was stopped by police officers who attempted to detain him for the purpose of a drugs search. The Defendant attempted to run away, was chased, and in the ensuing struggle, fell to the floor with the police officer. Defendant threw away a small container which was later retrieved and found to contain 374 milligrams of heroin, 14% by weight diamorphine. Defendant was also found to have £1,175 in cash in his wallet in blocks of £100. He was also carrying two mobile telephones. During interview the Defendant admitted historic dealing of about twenty £50 bags of heroin over the previous eighteen weeks. He also admitted that the heroin which he attempted to throw away belonged to him.
Details of Mitigation:
Heroin addict who was trafficking heroin to pay his rent, buy food and feed his habit. In a vicious circle. Had responded positively at HMP and was drug-free. Residual youth. Guilty plea, co-operative with police, in particular wrote his own indictment in respect of Count 1. Letters to the Court from his mother and sister. Although at high risk of re-offending, risk would be greatly reduced if defendant remained free from drugs. Regarding deportation - had lived in the Island since the age of 11. His mother, sister and brother all resided in the Island. Had only spent six weeks in the last thirteen years in Madeira.
Previous Convictions:
Three previous convictions for six offences, four of which were drugs offences.
Conclusions:
Count 1: 4 years' imprisonment (starting point 8 years).
Count 2: 2 years' imprisonment, concurrent (starting point 4 years).
Count 3: 2 months' imprisonment, concurrent.
Total: 4 years' imprisonment.
Confiscation Order £1,125.
Forfeiture and destruction of drugs sought.
Deportation Order sought.
Sentence and Observations of Court:
Conclusions granted.
Confiscation Order £1,125 ordered.
Forfeiture and destruction of drugs ordered.
The Court declined to recommend deportation on this occasion. Jurats were split and Defendant warned he had escaped deportation by one vote.
On Tuesday 7 th December two plainclothes Police...
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