AG v Fannon

• Jurisdiction: Jersey
• Court: Royal Court
• Judge: Bailiff
• Judgment Date: 24 March 2005
• Neutral Citation: [2005] JRC 33
• Date: 24 March 2005

[2005] JRC 33

ROYAL COURT

(Samedi Division)

Before:

M.C. St. J. Birt, Esq., Deputy Bailiff, and Jurats de Veulle, Georgelin, Allo, Clapham, Le Cornu and Morgan.

The Attorney General

and

Michael Joseph Fannon

T.J. Le Cocq, Esq., Crown Advocate.

Advocate A. Clarke, for the Defendant.

Authorities

A.G. v. McMahon (27th April, 2000) Jersey Unreported; [2000/74].

A.G v. Clarke (24th July, 2001) Jersey Unreported; [2001/155].

Prentice v. A.G. [2004] JCA 008.

Whelan: Aspects of Sentencing in the Superior Courts of Jersey (2 ^nd Ed'n): pp. 15–17.

A.G. v. Baglin [2003] JRC 085.

A.G. v. Harris (4th December 1995) Jersey Unreported; [1995/238].

Sentencing by the Superior Number of the Royal Court, to which the Defendant was remanded by the Inferior Number on 14 ^th January, 2005, following a guilty plea to:

1 count of: Possession of a controlled drug with intention to supply contrary to Article 6 (2) of the Misuse of Drugs (Jersey) Law 1978.

Count 1: Cannabis resin.

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

Count 2: Cannabis resin.

1 count of: Production of a controlled drug contrary to Article 5 (a) of the Misuse of Drugs (Jersey) Law, 1978.

Count 3: Cannabis resin.

Age: 46.

Details of Offence:

Count 1 — officers searched a cupboard used to store painting and decorating materials used by Fannon, and found 141 ‘9 bars’ of cannabis.

Large commercial amount of cannabis with a street value of approximately £203,000.

Counts 2 and 3 — officers searched his flat and found 16.23 grams of cannabis and a 34 cm tall cannabis plant.

Details of Mitigation:

Counts 1–3. Frank admissions, incriminating self and exonerating others. Guilty plea. Co-operation.

Previous Convictions:

Several minor criminal convictions, one for perverting the course of justice. No previous convictions for drugs.

Conclusions:

Count 1: 6 years' imprisonment. (10 years' starting point).

Count 2: 1 month's imprisonment. (Concurrent).

Count 3: 3 months' imprisonment. (Concurrent).

TOTAL: 6 years' imprisonment.

Sentence and Observations of Court:

Count 1: 5 ¹/₂ years' imprisonment. (10 years' starting point).

Count 2: 1 month's imprisonment. (Concurrent).

Count 3: 3 months' imprisonment. (Concurrent).

TOTAL: 5 ¹/₂ years' imprisonment.

Bailiff

THE DEPUTY

1 This defendant took possession of some 35 kilos resin and hid it in a cupboard to which he had access. He was to look after it for a few days for a dealer in return for the sum of £5,000. He had debts at the time and there had been a down turn in his trade, so he did it...