AG -v- Proctor [2007] JRC 218 (23 November 2007)

JUDGMENT THE BAILIFF: 1. This defendant took possession of 11 grams of heroin with a street value of more than £3,000. He used part of the heroin and it must follow that there was an agreement with the supplier that he would receive payment for his services, either in kind or in cash, for looking after the heroin. What Proctor should have done, and did not do, was to take the heroin to the police.

2. On ordinary principles a custodial sentence should be imposed, even though it is accepted that the defendant is a consumer addict and not a dealer. There are, however, particular circumstances in this case.

3. Firstly, Proctor has been an addict for some 15 years and he has been trying to address the problem in recent months. He has attended on the Alcohol and Drugs Service even if it seems he had not followed the programme completely successfully.

4. Secondly, at the time that the offence took place we accept that he was under extreme emotional strain, because he was caring for his dying mother. At the same time he was also trying to give support to his partner and to her 12 year old son.

5. Thirdly, there comes a time, occasionally, when an addict is motivated to try to beat his addiction. The reports from the Probation Service and the Alcohol and Drugs Service suggest that such a time may have arrived for this defendant. It is in the public interest that opportunities should be taken if they arise to allow a drug addict to reform himself.

6. The Court is going to take what your counsel accurately described as "a merciful and just course" by imposing a non-custodial sentence in this case and we are going to place you on probation for a period of 2 years and to impose a treatment order in the terms suggested by the Alcohol and Drugs Service, which will require you to undertake treatment from Dr Gafoor and submit to testing from time to time. We are also going to impose a community service order and you will perform community service of 240 hours and we state the alternative to that order is a sentence of 2 years' imprisonment.

7. The Court has been impressed not only by your own letter but the letter from other members of your family and by the close relationship that you obviously have with your partner and her 12 year old son. If the Court had received evidence that these drugs and this drug paraphernalia had been at the home that you shared with your partner and the boy the Court might very well have taken a different view. We hope that you will succeed in overcoming your addiction and we do not wish to see you again.

8. Forfeiture and destruction of the drugs is ordered No Authorities Page Last Updated: 10 Jun 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII