AG v Silbourne [2022] JRC 209 (11 October 2022)

JUDGMENT THE COMMISSIONER: 1. Mr Silbourne you are here to be sentenced on a count of being knowingly concerned in the importation of 1 Kilo or thereabouts of cocaine, which, as has been said, is a Class A drug, a pernicious drug which causes great damage in this community, and it is an offence which the Court treats very seriously. The seriousness of the offence is illustrated by the fact that the legislature has made a provision that the person who traffics in cocaine in this way is in theory liable to life imprisonment, and that does demonstrate just how serious this offence is.

2. The full reasons for our decision are going to be delivered later but we have decided that on this count you are to be sentenced to 6 years' youth detention. Briefly the reasons for doing so are that we have accepted a starting point of 16 years' custody, we have taken into account the various items of mitigation which your counsel has very fully put before us and arrived at a figure of 9 years' youth detention which we would have imposed but for your willingness to name your supplier in Court, and so we have allowed an additional, and we think properly significant discount of a further 3 years against the sentence which would have been imposed and that is why we have arrived at 6 years' youth detention, so you are sentenced to that.

3. I want to just add just a couple more words. You will have the opportunity in prison, in youth detention and we have not lost sight of the fact that you are to be sentenced under the Criminal Justice (Young Offenders) (Jersey) Law 2014 and so we have considered that, and we have reached a sentence of detention because we think it is so serious that no other way of dealing with you is appropriate. You are going to spend some time in youth detention and then in prison which you can use profitably or not at your choice. We do urge you to take advantage of any psychological help that you can get in prison and in that context we authorise the release of Dr Boucher's report to the prison authorities in order to assist you. You can take the opportunity of extending your studies in prison and equipping yourself for what life will be like when you come out when things will be different and at that stage, assuming the usual discount for good behaviour in prison with 6 years youth detention leading to your exit in 4 years' time you will only be 24, you will have your whole life ahead of you. You can look at this sentence that is now being passed negatively or positively and we urge you to look at it positively. You will have the opportunity, as I say, of taking advantage of what the prison can offer, of starting afresh and equipping yourself for what can be a useful life in the community and as I say we urge you to take that approach to it.

4. We order the drugs be forfeited and destroyed.

5. Our full reasons for our decision of 6 years' youth detention are to be delivered in due course. Authorities Criminal Justice (Young Offenders) (Jersey) Law 2014. Rimmer v AG [2001] JLR 373 . Campbell v AG [1995] JLR 136 . AG v Mawdsley [2022] JRC 119 . AG v Yeowart and Maidment [2022] JRC 027 . AG v Murphy [2020] JRC 101 . AG v Thurban et al [2020] JRC 212 . AG v Hamilton and Owens [2010] JRC 121 . AG v Miah [2002] JRC 210 . Carter v AG [1994] JCA 192 . Page Last Updated: 24 Nov 2022 Back to top About JLIB Accessibility Contacts Disclaimer Feedback Privacy policy Site map © Jersey Legal Information Board 2001- This website is not compatible with your web browser. You should install a newer browser . If you live in Jersey and need help upgrading call the States of Jersey web team on 440099. BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII