The Attorney General v Michael Edward Gilbraith

JurisdictionJersey
CourtRoyal Court
JudgeJ. A. Clyde-Smith,Jurats Nicolle,Grime
Judgment Date22 September 2017
Neutral Citation[2017] JRC 155
Date22 September 2017

[2017] JRC 155

ROYAL COURT

(Samedi)

Before:

J. A. Clyde-Smith, Esq., Commission, and Jurats Nicolle and Grime

The Attorney General
and
Michael Edward Gilbraith
Dylan Jacob Rawlinson

M. R. Maletroit, Esq., Crown Advocate.

Advocate S. A. Pearmain for Gilbraith.

Advocate J. N. Heywood for Rawlinson.

Authorities

Misuse of Drugs (Jersey) Law 1978.

McDonough v AG [1994] JLR Note 7a .

Campbell v AG [1995] JLR 136 .

AG v Cameron [2008] JLR N 44 .

Criminal Justice (Young Offenders)(Jersey) Law 1994.

Le Pavoux v AG [2003] JLR Note 31 .

Prentice v AG [2004] JLR Note 3 .

AG v Antunes and Ors [2003] JLR 144 .

AG v Stark [2008] JRC 093 .

AG v Egan [2009] JRC 162 .

AG v Cornick [2012] JRC 064 .

AG v Davies [2015] JRC 039 .

Inferior Number Sentencing — drugs — supply — possession with intent to supply — possession — Class A and Class B.

Sentencing by the Inferior Number of the Royal Court, following guilty pleas to the following charges:

Michael Edward Gilbraith

2 counts of: Being concerned in the making of an offer to supply a controlled drug, contrary to Article 5(c) of the Misuse of Drugs (Jersey) Law 1978 (Counts 1 and 2).

1 count of: Being concerned in the supply of a controlled drug, contrary to Article 5(c) of the Misuse of Drugs (Jersey) Law 1978 (Count 3).

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).

2 counts of: Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978 (Count 6 and 7).

2 counts of: Offering to supply a controlled drug, contrary to Article 5(b) of the Misuse of Drugs (Jersey) Law 1978 (Count 9 and 10).

Age : 29.

Plea: Guilty.

Details of Offence:

Gilbraith was stopped and searched by officers in Parade Gardens. He was found to be in possession of seven individually wrapped lumps of cannabis. A total of 64 grams of cannabis resin was found (Count 4). In addition he was found to be in possession of a set of digital scales and some plastic wrapping.

A search warrant was executed at Gilbraith's address and officers found several small quantities of cannabis (Count 6), four 50mg tramadol capsules (Count 7) and a quantity of perforated paper tabs.

In interview Gilbraith confirmed that he intended to supply the cannabis found on his person, which was the remainder from a 100g cannabis bar he had purchased.

Gilbraith's mobile phone was examined and revealed a series of text messages between himself and others including Rawlinson concerning the supply of cannabis, LSD and MDMA. Rawlinson was arrested and interviewed.

Both entered basis of pleas to Counts 1 and 2 that although offers were made, no MDMA was actually supplied. LSD was also offered but the tabs supplied were ‘duds’. Text messages revealed the supply of cannabis by Gilbraith and Rawlinson to their associates, but the exact quantity of cannabis supplied was unknown (Count 3).

There were further text messages found on Gilbraith's phone regarding offers to supply dried out 5 (Count 9) and 20 (Count 10) LSD tabs.

Details of Mitigation:

Good character, remorse and guilty pleas albeit late guilty pleas.

Previous Convictions:

No previous convictions but a parish hall appearances for possession of cannabis and minor motoring offences.

Conclusions:

Count 1: 12 months' imprisonment.

Count 2: 12 months' imprisonment, concurrent.

Count 3: 12 months' imprisonment, concurrent.

Count 4: 12 months' imprisonment, concurrent.

Count 6: No separate penalty.

Count 7: No separate penalty.

Count 9: 12 months' imprisonment, concurrent.

Count 10: 12 months' imprisonment, concurrent.

Total: 12 months' imprisonment.

Forfeiture and destruction of the drugs sought.

Costs sought in the sum of £500in non-custodial sentence imposed.

Sentence and Observations of Court:

Count 1: 180 hours' Community Service Order, equivalent to 12 months' imprisonment).

Count 2: 180 hours' Community Service Order, concurrent.

Count 3: 180 hours' Community Service Order, concurrent.

Count 4: 180 hours' Community Service Order, concurrent.

Count 6: No separate penalty.

Count 7: No separate penalty.

Count 9: 180 hours' Community Service Order, concurrent.

Count 10: 180 hours' Community Service Order, concurrent.

Total: 180 hours' Community Service Order, equivalent to 12 months' imprisonment.

Forfeiture and destruction of the drugs ordered.

No costs order made.

Dylan Jacob Rawlinson

2 counts of: Being concerned in the making of an offer to supply a controlled drug, contrary to Article 5(c) of the Misuse of Drugs (Jersey) Law 1978 (Counts 1 and 2).

1 count of: Being concerned in the supply of a controlled drug, contrary to Article 5(c) of the Misuse of Drugs (Jersey) Law 1978 (Count 3).

Age: 22 but 21 at time of offences.

Plea: Guilty.

Details of Offence:

See Gilbraith above.

Details of Mitigation:

Good character, youth, remorse and guilty plea albeit late guilty pleas.

Previous Convictions:

No previous convictions but parish hall appearances for possession of cannabis and offering to supply cannabis as well as minor motoring offences.

Conclusions:

Count 1: 150 hours' Community Service Order.

Count 2: 150 hours' Community Service Order, concurrent.

Count 3: 150 hours' Community Service Order, concurrent.

Total: 150 hours' Community Service Order.

Forfeiture and destruction of the drugs sought.

Costs sought in the sum of £500 if non-custodial sentence imposed.

Sentence and Observations of Court:

Count 1: 150 hours' Community Service Order, (equivalent to 9 months' imprisonment).

Count 2: 150 hours' Community Service Order, concurrent.

Count 3: 150 hours' Community Service Order, concurrent.

Total: 150 hours' Community Service Order, equivalent to 9 months' imprisonment.

Forfeiture and destruction of the drugs ordered.

No costs order made.

THE...

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