AG -v- Dicker [2005] JRC 059 (29 April 2005)

JUDGMENT THE BAILIFF: 1. This defendant is to be sentenced for four drugs offences, two of which involved the possession of cannabis with intent to supply. The amount involved is about ¾ of kilogram, valued on the street at between £3,000 - £4,000.

2. The defendant admits he bought the drug for £600 and that he intended to sell it for profit. He has a bad record including a conviction for being concerned in the importation of cannabis for which he was sentenced to 8 years' imprisonment in 1998.

3. If one asks the rhetorical question to what extent is this defendant involved in drug trafficking the answer must be quite heavily involved although the amount of drugs in question here is at the lower end of the drug trafficking scale. Having regard to the defendant's record and to all the other circumstances of the case, we think that the appropriate starting point in this case is one of 2 years' imprisonment.

4. In mitigation, however, Dicker has pleaded guilty to the indictment and he eventually made a full confession to the police. There are other material circumstances as well.

5. We take account of all the submissions of your counsel in particular as to the effect upon you of the recent death of your mother. The letters written by your sister and by your friends have persuaded us that as an act of mercy we can reduce slightly the conclusions of the Crown. We cannot avoid sending you to prison because you went into this with your eyes open knowing full well the consequences of selling drugs. We will, however, ask the prison authorities to make arrangements for you to continue to have bereavement counselling and we hope that you live up to your promise to your mother that you will never again involve yourself in drugs and that we shall not see you again.

6. The sentence of the Court is that on count 1, you will be fined £400 or 1 month's imprisonment. On count 2, you will go to prison for 12 months. On count 3, you will be fined £100 or 1 week's imprisonment in the alternative, and on Count 4, that you will be sentenced to 9 months' imprisonment, all those sentences to be concurrent making a total of 12 months' imprisonment and we order the forfeiture and destruction of the drugs and a confiscation order in the sum of £1,367. Authorities A. G. -v- Dicker, Driscoll and Wakeham (28 th October 1998) Jersey Unreported [1998]JRC216. A. G. -v- Chartier (4 th October 2002) Jersey Unreported [2002]JRC180. A. G. -v- Le Coeur [2005]JRC027. Hasson -v- A. G. [2004]JCA124. Page Last Updated: 14 Jul 2016 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII