The Attorney General v Samuel Shea Davies

• Jurisdiction: Jersey
• Court: Royal Court
• Judge: Jurats Ronge,J. A. Clyde-Smith O.B.E.
• Judgment Date: 06 May 2022
• Neutral Citation: [2022] JRC 107

The Attorney General

and

Samuel Shea Davies

[2022] JRC 107

Before:

J. A. Clyde-Smith O.B.E., Commissioner, and Jurats Ronge and Hughes

ROYAL COURT

(Samedi)

Inferior Number Sentencing — possession or control of criminal property — drugs — possession — Class A and Class C

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

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

3 counts of: Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978 (Count 2, Count 3 and Count 4).

Age : 25.

Plea: Guilty.

Details of Offence:

On 9 ^th May 2021, the Police were called to Le Marais estate. Officers spoke to the Defendant who demanded to know the whereabouts of his rucksack and for access to it. Two bags were found in his then-partner's flat, who, when asked, confirmed that both bags belonged to the Defendant. Inside the bags and the flat, a total of £23,539.08 was found, amongst other items. £22,610.60 of the cash was found in one rucksack. £487.58 cash was also found in the Defendant's sock when searched at the police station.

Inside the flat and in the Defendant's possession controlled drugs were found consisting of, 27 milligrams of LSD, five 300 milligram capsules of gabapentin and 72 milligrams of N,N-dimethyltryptamine.

Details of Mitigation:

Guilty plea, remorse, substantial delay in bringing proceedings, totality.

Previous Convictions:

Nine previous convictions for 33 offences, five of which are for drug possession.

Conclusions:

Count 1: Starting point 4 years and 6 months' imprisonment. 3 years and 6 months' imprisonment.

Count 2: No separate penalty.

Count 3: No separate penalty.

Count 4: No separate penalty.

Total: 3 years and 6 months' imprisonment.

Declaration of Benefit and Confiscation Order sought in the sum of £24,031.66

Forfeiture and destruction of the drugs and scales sought.

Sentence and Observations of Court:

Count 1: 2 years' imprisonment.

Count 2: No separate penalty.

Count 3: No separate penalty.

Count 4: No separate penalty.

Total: 2 years' imprisonment.

Declaration of Benefit 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 [2022] JRC 097.

Hagin v AG [2020] JCA 247.

AG v Fish and Hinds [2016] JRC 181A.

AG v Goodwin [2016] JRC 165.

AG v Bhojwani [2010] JRC 116.

S. C. Brown Esq., Crown Advocate.

Advocate J-A. Dix for the Defendant.

THE COMMISSIONER:

1 The Defendant is to be sentenced for possession of criminal property namely, just over £22,000 in cash and also for three counts of possession of small quantities of drugs.

2 The cash was found in the Defendant's backpack on 9 ^th May 2021 when he was arrested for other offences. He admitted the possession of the drugs but answered no comment to questions over the cash. In May 2021 he was charged with these other offences before the Magistrate's Court and was sentenced by the Magistrate on 28 ^th July 2021 to 11 months' imprisonment and he was released from that sentence on 1 ^st February 2022.

3 On 20 ^th January 2022 in relation to the current offences the Magistrate permitted the Defendant to enter no plea for the criminal property charge and he pleaded guilty when first indicted before the Royal Court. He pleaded guilty to the three possession charges.

4 The Defendant was unemployed at the relevant time and had no legitimate source of income. He has a record of 9 convictions for 33 offences, 5 of which are for drugs possession, but as Advocate Dix pointed out these all took place whilst he was a young offender.

5 The maximum sentence for possession of criminal property is 14 years. There are no guideline cases. The Prosecution have referred us to the following cases AG v Herd [2021] JRC 223, AG v Hagin [2020] JRC 176, AG v Hagin [2020] JRC 157 and AG v Palmer [2017] JRC 079 all of which involved concurrent sentences for serious offences of supply of drugs. In a recent case, the judgement for which has not yet been published, AG v Umurzokov and Ors [2022] JRC 101 sentences of 3 and 4 years were imposed for the involvement of the defendants in that case in a professional...