The Attorney General v Michael Alan Palmer

JurisdictionJersey
CourtRoyal Court
JudgeJ. A. Clyde-Smith,Jurats Crill,Blampied,Ramsden,Pitman,Christensen,Milner
Judgment Date25 May 2017
Neutral Citation[2017] JRC 79
Date25 May 2017

[2017] JRC 079

ROYAL COURT

(Samedi)

Before:

J. A. Clyde-Smith, Esq., Commissioner and Jurats Crill, Blampied, Ramsden, Pitman, Christensen and Milner.

The Attorney General
and
Michael Alan Palmer

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

Advocate J. W. R. Bell for the Defendant.

Authorities

Campbell -v- AG [1995] JLR 136 .

AG -v- Whelan, Grace and Robinson [2017] JRC 040B .

Forrester -v- AG 2001/149 .

AG -v- Evans and Le Maistre [2003] JRC 118 .

Evans -v- AG [2003] JCA 202 .

AG -v- Bouhaire [2004] JRC 004 .

Superior Number Sentencing — drugs — supply — possession — Class B — possession of criminal proceeds.

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 3 rd March 2017, following a guilty plea to the following charges:

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

1 count of: Having possession or control of criminal property, contrary to Article 30(1) of the Proceeds of Crime (Jersey) Law 1999 (Count 2).

1 count of: Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978 (Count 3).

Age: 65.

Plea: Guilty.

Details of Offence:

The defendant attended at an address which was being searched by customs officers as part of a drug trafficking and money laundering investigation. When questioned about his attendance, the defendant stated that he was there “to see the chap in the flat”. Officers searched the car which the defendant had arrived in and found a carrier bag containing £14,020 in cash. The defendant was arrested. During a search of the defendant's home address, customs officers seized, inter alia: (i) £40,000 in cash from a bedside unit; (ii) a black pouch containing two pipes which tested positive for cannabinoids; and (iii) a small lump of cannabis resin (4.09 grams) wrapped in cling film.

In interview the defendant eventually admitted that the cash was money he made from supplying cannabis. He stated that he had obtained 10 kilograms of cannabis resin and supplied it wholesale to four individuals. He stated that he expected to make a profit of about £20,000 from the sale of the cannabis.

Details of Mitigation:

Guilty plea and admissions in interview. Effectively wrote his own indictment in respect of the supply charge.

Previous Convictions:

More than 30 offences between 1969 and 1997, including drug trafficking offences.

Conclusions:

Count 1: Starting point 6 years' imprisonment. 3 1/2 years' imprisonment.

Count 2: 3 1/2 years' imprisonment, concurrent.

Count 3: 1 month's imprisonment, concurrent.

Total: 3 1/2 years' imprisonment.

Forfeiture and destruction of the drugs sought.

Confiscation hearing adjourned to 26 th October 2017 at 10am.

Sentence and Observations of Court:

The Court noted although the defendant volunteered the supply count against him he had done so in order to explain the possession of cash and was therefore already facing criminal sanction.

Conclusions granted.

THE COMMISSIONER:
1

The defendant Palmer stands to be sentenced for one count of supplying ten kilograms of cannabis, one count of being in possession of criminal property, namely the sum of £47,520, and one count of possession of a small quantity, 4 grams, of cannabis. The defendant was driving a car in which a bag containing £14,020 in cash was found underneath the front passenger seat. A search of his home revealed bundled cash in his bedroom of £40,000, which makes a total of cash found of £54,020. However because of a third party claim against some of that money, he is being sentenced today on the basis of a total cash find of £47,520. The police also found a small quantity of cannabis.

2

The defendant initially gave an...

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2 cases
  • The Attorney General v Samuel Shea Davies
    • Jersey
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    • 6 May 2022
    ...of the drugs and scales ordered. Authorities AG v Herd [2021] JRC 223. AG v Hagin [2020] JRC 176. AG v Hagin [2020] JRC 157. AG v Palmer [2017] JRC 079. AG v Umurzokov and Ors [2022] JRC 101. AG v Goncalves [2022] JRC 097. Hagin v AG [2020] JCA 247. AG v Fish and Hinds [2016] JRC 181A. AG v......
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