AG v Hebert and Le Gresley 22-Oct-12
| Jurisdiction | Jersey |
| Court | Royal Court |
| Judge | The Deputy Bailiff |
| Judgment Date | 22 October 2012 |
| Neutral Citation | [2012] JRC 192A |
| Date | 22 October 2012 |
[2012] JRC 192A
ROYAL COURT
(Samedi)
W. J. Bailhache, Q.C., Deputy Bailiff, andJurats ClaphamandBlampied.
R. C. P. Pedley, Esq., Crown Advocate.
Advocate C. M. Fogarty for Hebert.
Advocate D. A. Corbel for Le Gresley.
Campbell, Malloy and Mackenzie -v- AG [1995] JLR 136 .
Criminal Justice (Young Offenders)(Jersey) Law 1994.
AG -v- Hodgson [2003] JRC 070 .
AG -v- Taylor [2000] JLR N 59c .
AG -v- MacKenzie and Richards [2011] JLR 689 .
AG -v- Cornick [2012] JRC 064 .
Inferior Number Sentencing — drugs — possession with intent to supply — supply — possession — Class B.
Sentencing by the Inferior Number of the Royal Court, following guilty pleas to the following charges:
Bjarni Leif Hebert
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 1).
1 count of: Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978 (Count 2).
1 count of: Supply of a controlled drug, contrary to Article 5(b) of the Misuse of Drugs (Jersey) Law 1978 (Count 3).
Age: 25.
Plea: Guilty.
Details of Offence:
Hebert was found in possession of a large block of cannabis at Le Gresley's home address and willingly directed the police to further large quantities held at his own address, totalling some 1.6kg of resin. Police also found £3,800 cash on him. He claimed to have been supplied with the drugs to sell on for an unknown commission but was not a user himself.
Le Gresley's address was searched and some 0.14kg recovered. He was evasive at interview and did not assist with the discovery of the drugs. It transpired that he had received three bars of cannabis from Herbert, had sold one and paid Herbert £800 and was involved in not for profit, social supply to friends. He admitted to conducting the trafficking to fund his own habit as a heavy user, taking some of the drug for himself before selling the rest on. £660 cash was found on his person.
Details of Mitigation:
Herbert pleaded guilty on the Indictment. He was co-operative on arrest and willingly directed the police to the cannabis at his home address. He wrote his own Indictment on the supply to others.
Previous Convictions:
Herbert had seven convictions, predominately for possession of controlled drugs with intent to supply and supply, all in 2006, for which he received a sentence of four years in youth custody.
Conclusions:
Starting point of 30 months.
Count 1: 18 months' imprisonment.
Count 2: 18 months' imprisonment, concurrent.
Count 3: 18 months' imprisonment, concurrent.
Total: 18 months' imprisonment.
Forfeiture and destruction of drugs sought.
Confiscation Order in the amount of £3,800 sought.
Sentence and Observations of Court:
Conclusions granted.
Edward James Le Gresley
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 4).
1 count of: Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978 (Count 5).
1 count of: Supply of a controlled drug, contrary to Article 5(b) of the Misuse of Drugs (Jersey) Law 1978 (Count 6).
Age: 20.
Plea: Guilty.
Details of Offence:
See Hebert above.
Details of Mitigation:
Le Gresley pleaded guilty on Indictment and the Crown accepted that he possessed an amount of the drugs recovered for personal use.
Previous Convictions:
Le Grelsey committed traffic offences in 2009 and 2010, but no drug offences.
Conclusions:
Starting point of 12 months.
Count 4: 150 hours' Community Service Order or 9 months' youth detention in default.
Count 5: 150 hours' Community Service Order, or 9 months' youth detention in default, concurrent.
Count 6: 150 hours' Community Service Order, or 9 months' youth detention in default, concurrent.
Total: 150 hours' Community Service Order or 9 months' youth detention in default.
Forfeiture and destruction of drugs sought.
Confiscation Order in the amount of £660 sought.
Sentence and Observations of Court:
Count 4: 120 hours' Community Service Order or 6 months' youth detention in default.
Count 5: 50 hours' Community Service Order, or 1 month's youth detention in default, concurrent.
Count 6: 120 hours' Community Service Order, or 1 month's detention in default, concurrent.
Total: 120 hours' Community Service Order or 6 months' youth detention in default.
Forfeiture and destruction of drugs ordered.
Confiscation Order in the amount of £660 made.
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