AG -v- Mooney and Cunningham [2010] JRC 030 (12 February 2010)

JUDGMENT THE commissioner: 1. Kevin Mooney is to be sentenced for possession of cannabis and a medicinal product called BZP with intent to supply and for obstructing the police in the execution of their duty by barring police entrance to his flat and trying to dispose of the drugs in the meantime. The cannabis was of the skunk herbal variety with a street value of over £7,000; the BZP had a value of £3,000. Mooney was to receive a fee of £500 for looking after the drugs but he agreed that he would sell them if he could. Cunningham had possession of the cannabis for a short period of time. 2. Mooney has a bad record and had been released from a long prison sentence for only 2 months when these offences were committed. They were committed for commercial gain in that he was to receive the fee of £500. Skunk herbal cannabis is a powerful form of the drug and we agree with the Crown Advocate that the appropriate starting point for this quantity is 2 years' imprisonment. 3. Having said that we are going to reduce the conclusions slightly for two reasons. First we agree with Defence counsel that a guilty plea in the context of this case was valuable and that Mooney is entitled to his full one-third deduction. Secondly, we think that the sooner Mooney can go to Silkworth Lodge so as to address his alcoholism the better. 4. Mooney, a lot of people in the probation service and other public services are there to help you. We hope that you will take advantage of the help that you have been offered and will be offered at Silkworth Lodge because if you do not, the future seems rather melancholy. We hope that the reduction in the conclusions will encourage you when you get to Silkworth Lodge to do what you need to do to put your life into proper shape. 5. We are going to sentence you to on Count 1; 12 months' imprisonment, on Count 2; 8 months' imprisonment, concurrent, on Count 3; 6 months' imprisonment, consecutive, making a total of 18 months' imprisonment. 6. Cunningham we have read your letter; we hope that you are going to take advantage of everything that is being offered to you at Silkworth Lodge. You too have a melancholy past and we hope very much that the future will be brighter for you if you keep on the straight and narrow. 7. We are going to impose a 12 month Probation Service Order subject to the usual conditions that you live and work as directed by the probation officer and be of good behaviour during that time and that you reside at Silkworth Lodge for so long as it is recommended by the probation officer. 8. We order the forfeiture and destruction of the drugs. Authorities Campbell-v-AG [1995] JLR 136 . Page Last Updated: 02 Aug 2016 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII