The Attorney General v Charlotte Ella Catherine Herd

JurisdictionJersey
CourtRoyal Court
JudgeBailiff
Judgment Date25 August 2021
Neutral Citation[2021] JRC 223

[2021] JRC 223

ROYAL COURT

(Samedi)

Before:

T. J. Le Cocq, Esq., Bailiff, and Jurats Thomas, Ronge and Christensen.

The Attorney General
and
Charlotte Ella Catherine Herd

M. R. Maletroit Esq., Crown Advocate.

Advocate A. E. Binnie for the Defendant.

Authorities

Rimmer v AG [2001] JLR 373

AG v Page et al [2012] JRC131

AG v Hall [2021] JRC 045

AG v Miah [2004] JRC 048

AG v Goodwin [2016] JLR 220

AG v Sharman [2017] JRC 103

AG v Starks [2017] JRC 045A

Superior Number Sentencing — drugs — possession and supply — Class A, Class B and Class C — criminal property — resisting arrest — breach of orders

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 18 th June, 2021, following a guilty plea to the following charges:

Amended First Indictment

2 counts of: Offering to supply a controlled drug to another, contrary to Article 5(b) of the Misuse of Drugs (Jersey), Law, 1978 (Count 1, Count 6)

3 counts of: Supplying a controlled drug to another, contrary to Article 5(b) of the Misuse of Drugs (Jersey), Law, 1978 (Count 2, Count 3, Count 5)

2 counts of: Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978 (Count 8a, Count 9a)

1 count of: Possessing or controlling criminal property, contrary to Article 30(1)(c) of the Proceeds of Crime (Jersey) Law 1999 (Count 10)

Second Indictment

1 count of: Resisting arrest (Count 2)

Breaches

Breach of 100 hours Community Service Order imposed by the Magistrate's Court 6 th August 2020

Breach of Probation Order imposed by the Magistrate's Court 6 th August 2020.

Age : 23.

Plea: Guilty.

Details of Offence :

During the course of two separate drug investigations mobile telephones were seized and it was discovered that the defendant had sent drug related messages. Facebook messages were identified which showed that the Defendant had messaged Mr X on 6 th December 2019 and offered to supply methylphenidate (Count 1).

On 9 th December 2019, Ms Y sent a message to the defendant asking, “ Anything available?”. The defendant responded, “ Hey chicken yeah only got Ritalin, coke or mandy”, which indicates that she had access to methylphenidate (Class B), cocaine (Class A) and MDMA (Class A) for supply. The defendant went on to make arrangements to meet Ms Y to supply cocaine and diazepam. This forms the basis for Counts 2 and 3.

On 15 th December 2019 messages show the defendant making arrangements to meet Ms Y to supply cocaine. The supply of cocaine to Ms Y forms the basis for Count 5.

On 18 th December 2019, the defendant got back in touch with Ms Y to inform her that she had restocked and was now in a position to supply diazepam. This offer to supply diazepam forms the basis for Count 6.

The defendant's telephone contained various other drug-related messages which demonstrated the defendant's involvement in drug-trafficking activities.

The defendant was arrested, and police officers executed a search at her home address. 37 tablets of methylphenidate and 1.16 grams of MDMA, along with £690 in cash, were found in the defendant's bedroom in a chest of drawers (giving rise to Counts 8a, 9a and 10).

A drug expert opined that the defendant was supplying controlled drugs at street level and she was supplying or facilitating the supply of drugs on behalf of an unnamed male and that she would not be the sole beneficiary of funds generated from this activity.

Details of Mitigation :

Guilty plea, remorse, some residual youth, influence of her former partner.

Previous Convictions :

The defendant has no previous drug-related convictions. However, she has 5 previous convictions for assaulting police officers and one Parish Hall appearance for that type of offence.

Conclusions :

Amended First Indictment

Count 1: 6 months' imprisonment.

Count 2: Starting point 7 1/2 years' imprisonment. 4 years and 3 months' imprisonment, concurrent.

Count 3: 4 months' imprisonment, concurrent.

Count 5: Starting point 7 1/2 years' imprisonment. 4 years and 3 months' imprisonment, concurrent.

Count 6: 4 months' imprisonment, concurrent.

Count 8a: 2 months' imprisonment, concurrent.

Count 9a: 1 months' imprisonment, concurrent.

Count 10: 12 months' imprisonment, concurrent.

Total: 4 years and 3 months' imprisonment.

Second Indictment

Count 2: 3 months' imprisonment, consecutive to Amended First Indictment.

Breaches

Breach of 100 hours Community Service Order imposed by the Magistrate's Court 6 th August 2020

Breach of Probation Order imposed by the Magistrate's Court 6 th August 2020.

1 week's imprisonment, consecutive to Amended First Indictment

Probation Order to be discharged

Total: 4 years, 6 months and 1 week imprisonment.

Declaration of benefit sought in the sum of £7,200.

Confiscation order sought in the sum of £816.21.

Forfeiture and destruction of the drugs sought.

Sentence and Observations of Court :

Amended First Indictment

Count 1: 6 months' imprisonment.

Count 2: Starting point 7 1/2 years' imprisonment. 4 years' imprisonment, concurrent.

Count 3: 4 months' imprisonment, concurrent.

Count 5: Starting point 7 1/2 years' imprisonment. 4 years' imprisonment, concurrent.

Count 6: 4 months' imprisonment, concurrent.

Count 8a: 2 months' imprisonment, concurrent.

Count 9a: 1 months' imprisonment, concurrent.

Count 10: 12 months' imprisonment, concurrent.

Total: 4 years' imprisonment.

Second Indictment

Count 2: 3 months' imprisonment, consecutive to Amended First Indictment.

Breaches

Breach of 100 hours Community Service Order imposed by the Magistrate's Court 6 th August 2020

Breach of Probation Order imposed by the Magistrate's Court 6 th August 2020.

No separate penalty.

Probation Order to be discharged

Total: 4 years and 3 months' imprisonment.

Declaration of benefit made in the sum of £7,200.

Confiscation order made in the sum of £816.21.

Forfeiture and destruction of the drugs ordered.

Bailiff

THE

1

You are to be sentenced today on two Indictments, the first of which concerns your involvement in the trafficking of Class A, Class B and Class C controlled drugs, specifically cocaine, methylphenidate and diazepam as well your possession of MDMA and methylphenidate and a £609 cash seizure representing the proceeds of criminal activity. As we have heard this offending places you in breach of a Probation Order imposed by the Magistrate in August of 2020 and on 25 th May, 2021 you have also resisted arrest.

2

Your drugs offending came to the attention of the police during the execution of two...

To continue reading

Request your trial
4 cases
  • The Attorney General v Samuel Shea Davies
    • Jersey
    • Royal Court
    • 6 May 2022
    ...and Confiscation Order made in the sum of £24,031.66 Forfeiture and destruction 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 [202......
  • The Attorney General v Angelo Gabriel De Sa Fernandes
    • Jersey
    • Royal Court
    • 16 November 2021
    ...JRC 182 R v Ghafoor [2002] EWCA Crim 1857. Criminal Justice Young Offenders (Jersey) Law 2014 AG v Camacho [2007] JLR 462. AG v Herd [2021] JRC 223 AG v Gilbraith and Rawlinson [2017] JRC 155 AG v Page et al [2012] JRC 131 AG v Cameron [2008] JLR Note 044 Valler v AG [2002] JLR 383 Bonnar ......
  • The Attorney General v James Andrew Harris
    • Jersey
    • Royal Court
    • 7 July 2022
    ...— drugs — supply — Class A — proceeds of crime Authorities Proceeds of Crime (Jersey) Law 1999. AG v Goodwin [2016] JRC 165. AG v Herd [2021] JRC 223. AG v Le Jehan [2022] JRC 045. AG v Harris [2005] JRC 094. AG v Harris [2008] JRC 027. AG v Goncalves [2022] JRC 097. R v Greenwood [1995] 16......
  • The Attorney General v Tyler Bolton
    • Jersey
    • Royal Court
    • 10 December 2021
    ...Sa Fernandes [2021] JRC 287. AG v Hagin [2020] JRC 157. AG v Hagin [2020] JRC176. AG v Gilbraith and Rawlinson [2017] JRC 155. AG v Herd [2021] JRC 223. AG v Duffy [2021] JRC121. AG v Allo [2020] JRC134. AG v Buckley [2021] JRC 222 Whelan's Aspects of Sentencing in the Superior Courts of Je......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT