AG v Rodrigues [2000] JRC 100 (09 June 2000)

JUDGMENT THE LIEUTENANT BAILIFF: 1. On 29 th November last year, Victor Miguel Freitas Rodrigues was stopped by a police officer. In his car were found two lumps of cannabis weighing 11.37 grams with a street value of approximately £80, and, after a search, a bar of cannabis weighing 6.84 ounces with a street value of £1,094. They are the subject of counts 1 and 3 of the indictment. Following a not guilty plea to count 2, it has not been proceeded with and need not concern us today. The two lumps in count 1 have been accepted by the Crown as being an amount appropriate for personal use and Rodrigues has pleaded guilty without reservation to that count, namely that of simple possession.

2. We must, therefore turn to count 3, the bar of cannabis which is a commercial quantity and Rodrigues is charged with intent to supply. He has pleaded guilty but contends that it is really a technical plea. The bar was found in his car and it is a commercial quantity and he knew about it but he had no intent to supply [1] .

3. He says the bar was given to him for safe keeping overnight last year in early summer by a man named 'Les', who, apparently, had the number of Rodrigues' mobile telephone. Rodrigues threw the bar of cannabis into the boot of his car and it has been there ever since. He tried, but failed, to make contact with Les on a number of occasions and Les has made no contact with him. He then forgot about the bar, even to the extent that it was in the boot during a family holiday trip to the United Kingdom. He felt he could neither use it himself nor dispose of it because he could not have afforded to pay Les the amount that the bar was worth. The Crown, unable to disprove this version of events, accepts the contention of the defendant.

4. We have read the Probation Report and we have noted that these events have had a serious effect on the defendant's personal relationship with his wife. This is effectively his first offence. He has a regular job and is said to have addressed his drugs habit. Counsel has told us that efforts are being made to mend his marriage and we have read a number of excellent references. The Court is prepared to view this case as an exceptional one. A custodial sentence would normally be the proper course but we have considered that a Community Service Order would be appropriate.

5. Rodrigues, would you stand up. You are sentenced to 12 months' Probation, on the usual conditions, with 120 hours of Community Service and an added condition that you attend the Drugs Awareness Course run by the Probation Service and as directed by them. We also order the forfeiture and destruction of the drugs. The defendant's passport will stay where it is. We are going to place our trust in you and must tell you that the Court will take a very serious view if that trust is broken. [2] Authorities A. G. -v- Thomas (8 th March, 1996) Jersey Unreported. A. G. -v- Collins (10 th September, 1999) Jersey Unreported. A. G. -v- Such (21 st November, 1997) Jersey Unreported. [1] As agreed with Counsel, no intent to supply other than to return the bar to 'Les'. [2] Rodrigues was permitted by the Court to leave the Island for two days during the coming weekend, the Court having first ascertained that the Crown had no objection. Page Last Updated: 19 Aug 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII