AG v Poree [2021] JRC 190 (16 July 2021)

JUDGMENT THE DEPUTY BAILIFF: 1. Desmond Patrick Poree, can you stand up please. You are 58 years old and fall to be sentenced for an offence of possession of a very large amount of cannabis. We treat you as a man of previous good character, as invited to do so by the Crown.

2. The police executed a search warrant at your home in St Peter on the 21 st June 2019 and found herbal cannabis and cannabis resin. The herbal cannabis was over a kilogram in weight and contained in a rucksack. The cannabis resin weighed in excess of 220 grams. The total weight of cannabis was over 1.2 kilograms, which had it been sold on the street may have been worth in the excess of £20,000.00.

3. You were arrested and interviewed. The interview took place on the 23 rd June and, through no fault of your own, it has been two years since you were interviewed, and you are in effect to be sentenced today on the basis of what you told the police then. Namely, that you were a very heavy smoker of cannabis and that you had purchased the herbal cannabis for £3,000.00 on the day you were arrested.

4. You run a small business and you are on any view an extremely hardworking man. We have read the references from all those who have spoken so well of you, and you should be grateful to all those who have written on your behalf saying such positive things about your character. It is rare indeed to see so many excellent references from friends, colleagues, people that have known you for years, people who work with you, people who work for you and people who speak to the charitable work that you have done, both in Jersey and overseas.

5. Owing to the quantity of cannabis in this case you could have no complaints if the Court sentenced you to an immediate sentence of imprisonment, and certainly the offence is so serious that custody is justified. But in view of your age, character, your guilty plea and the references that we have read, we have decided to suspend that period of imprisonment and we impose sentences as follows: Count 2, six months imprisonment, suspended for one year Count 4, two months' imprisonment, suspended for one year, both to run concurrent.

6. We order the forfeiture and destruction of the drugs.

7. We note that for good solid medical reasons you are now prescribed cannabis by your doctor. You should understand that if you were to possess cannabis unlawfully again, then you would be brought back to Court and there is a likelihood that the suspended sentence would be activated.

8. What that means is that if you commit any offence including a drugs offence punishable by imprisonment within the period of suspension namely 12 months' you will be liable to punishment for that further offence and, also to receive 6 months' imprisonment consecutive to that offence. Do you understand?

9. Well, we hope and expect never to see you in this Court again, and you are now free to go save that you need to remain in Court for the purpose of signing some paperwork in relation to your suspended sentence. Authorities Misuse of Drugs (Jersey) Law 1978 Campbell v AG [1995] JLR 136 Page Last Updated: 02 Sep 2021 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII