The Attorney General v Ross David Barry

• Jurisdiction: Jersey
• Court: Royal Court
• Judge: Bailiff
• Judgment Date: 12 January 2001
• Neutral Citation: [2001] JRC 13
• Date: 12 January 2001

[2001] JRC 013

ROYAL COURT

(Samedi Division)

Before:

M.C. St.J. Birt, Esq., Deputy Bailiff, and Jurats Myles and Le Ruez

The Attorney General

and

Ross David Barry

P. Matthew, Esq., Crown Advocate.

Advocate N.J. Chapman for the Defendant.

Authorities

A.G. -v- Perkins (25th August, 2000) Jersey Unreported .

Sentencing by the Inferior Number of the Royal Court, following conviction on 6 ^th December, 2000, on:

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

Count 2: MDMA.

[ The defendant was found not guilty on count 1 of the indictment and was discharged on this count].

Age: 18.

Details of Offence:

Prosecution sentence on the basis of the version of events given by Barry at his trial on 6 ^th December, 2000. Whilst at a nightclub Barry struck up a conversation with older male and female. Barry was aware that the male was dealing in ecstasy and the male offered some tablets to Barry which he refused. Upon returning to his seat, having purchased drinks for the male and female, Barry noticed a plastic bag. The male looked at Barry and said to him: “Ross, take that bag and walk away.” Barry picked up the bag which contained 15 ¹/₄ MDMA tablets, placed it in his left trouser pocket and began to walk away but was immediately stopped by members of the nightclub staff who suspected he had been involved in dealing with drugs. Drugs had a street value of between £180 and £225 or wholesale value between £90 and £150.

Details of Mitigation:

Guilty plea; co-operative with police during question and answer interview; youth; character references handed up.

Previous Convictions: None.

Conclusions:

6 months' youth detention (on the basis that Barry knowingly assisted drug trafficker).

Sentence and Observations of the Court:

12 months' Probation Order with 100 hours' community service, in the light of bizarre circumstances and age of accused.

Bailiff

THE DEPUTY

1 Regarding the facts of your case, we note that you took possession of 15 ecstasy tablets in somewhat bizarre circumstances. We are not entirely surprised that the Crown considered — because you were taking drugs from someone you knew to be a dealer — that a custodial sentence was correct. However, we have taken account of your previous good character; most importantly your youth; and the fact that you have a supportive family and you have a good employment record. All...