AG -v- Osmand [2009] JRC 178 (04 September 2009)

JUDGMENT THE BAILIFF: 1. Osmand, you bought thirty tablets of what you thought was ecstasy. In fact they were BZP and you admit that you supplied ten to fifteen of these to friends in order to help fund your habit and you also, on one occasion, supplied some cannabis.

2. I have to tell you that normally such offences result in a prison sentence. But in your case, you are only 18, you have never offended before, you have been attending the Alcohol and Drug Service voluntarily prior to today, and there are strong recommendations from the Probation Service and the Alcohol and Drug Service that we should not send you to youth detention. We have read the references and it is clear that you have the support of your family and it is good that they are here in Court today to show their support for you and we are satisfied that you are determined to put this whole episode behind you. We hope that we are right in that belief but, given that the Crown also is moving for a non-custodial sentence, we think that on this occasion, despite the seriousness of what you did, we can proceed by way of not sending you to youth detention.

3. We are going to grant the conclusions of the Crown because what you require, in our judgment, is the assistance of a Probation or Treatment order but you must also be punished by way of Community service.

4. The sentence of the Court is as follows, on Count 1; 120 hours' Community Service and we say that the alternative sentence we had in mind would be 6 months' youth detention. On Count 2 there is a Probation Order for 12 months with a Treatment Order for the same period on the usual terms. This means you must attend the Alcohol and Drug Service when directed and you must comply with all the measures they tell you and similarly with Probation; and on Count 3 we impose a 12 month Probation Order and Treatment Order, concurrent.

5. I repeat you must comply with all these. If you do not turn up for the community service and undertake it properly or if you do not turn up for meetings with your Probation Officer and do what they tell you or if you do not turn up for the Drug and Alcohol and do what they tell you, then you will be in breach of this order and then you will be brought back here and at that stage it is very likely we would have to send you to youth detention. So you must comply with all the directions and conditions which are imposed on you by Probation or by Alcohol and Drug or by the Community Service Order. We hope we do not see you before us again.

6. We order the forfeiture and destruction of the drugs. Authorities Criminal Justice (Young offenders)(Jersey) Law 1994. Page Last Updated: 15 Jun 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII