A.G. v Dicker

• Jurisdiction: Jersey
• Court: Royal Court
• Judge: The Bailiff
• Judgment Date: 29 April 2005
• Neutral Citation: [2005] JRC 59
• Date: 29 April 2005

[2005] JRC 59

ROYAL COURT

(Samedi Division)

Before:

Sir Philip Bailhache, Bailiff, and Jurats Le Brocq and Allo.

The Attorney General

and

Michael Roy Dicker

Mrs S. Sharpe, Crown Advocate.

Advocate M.J. Haines for the Defendant.

Authorities

A.G. v Dicker, Driscoll and Wakeham (28th October 1998) Jersey Unreported [1998] JRC 216.

A.G. v Chartier (4th October 2002) Jersey Unreported [2002] JRC 180.

A.G. v Le Coeur [2005] JRC 027.

Hasson v A.G. [2004] JCA 124.

Sentencing by the Inferior Number of the Royal Court, following guilty pleas to Counts 1–4 below entered on 8 ^th April, 2005.

2 counts of: Possession of a controlled drug contrary to Article 6(1) of the Misuse of Drugs (Jersey) Law, 1978 (Cannabis resin) (Counts 1 and 3).

2 counts of: Possession of a controlled drug with intent to supply it to another, contrary to Article 6(2) Misuse of Drugs (Jersey) Law, 1978 (Cannabis resin) (Counts 2 and 4).

Age: 32.

Details of Offence:

Following a drugs warrant, police searched two addresses connected with the Defendant, one being his girlfriend's home address (Counts 1 and 2) and the other being his mother's address (Counts 3 and 4). The total weight of cannabis recovered was 750.63 grams. During the search cash was seized in the sum of £1,367.00. After initially claiming the cannabis was for personal use, the Defendant conceded he had intended to sell the nine-bars because he was in financial difficulty. The Defendant claimed the cannabis was of poor quality and this was borne out in the Analyst's Report noting that it was between 1.0 and 1.5% by weight tetrahydrocannabinol.

Details of Mitigation:

Early guilty plea. Terminally ill mother who passed away on 9 ^th March, 2005. Expression of remorse.

Previous Convictions:

Eight previous convictions for 10 offences, the most recent being in 1998 when with two co-accused he was sentenced on 2 counts of being concerned in the importation of cannabis to a total of 8 years' imprisonment. He served 5 ¹/₂ years before being released on electronic tag.

Conclusions:

Count 1: £400 fine or 1 month's imprisonment in default of payment.

Count 2: 9 months' imprisonment (starting point 12 months). Concurrent with Count 1.

Count 3: £100 fine or 1 week in default of payment.

Count 4: 6 months' imprisonment (starting point 10 months), concurrent with Count 3.

Counts 3 and 4

To be consecutive to counts 1 and 2.

Sentence and Observations of Court:

Count 1: £400 or 1 month in default of payment.

Count 2: 12 months' imprisonment, concurrent.

Count 3: £100 or 1 week's imprisonment in default of payment.

Count 4: 9 months' imprisonment, all concurrent.

The...