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	Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> 1998/149 - AG v Le Sech & McGorian [1998] UR 149 (10 July 1998) URL: http://www.bailii.org/je/cases/UR/1998/149.html Cite as: [1998] UR 149

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ROYAL COURT

(Samedi Division)

10 July 1998

Before: FC Hamon, Esq., Deputy Bailiff and Jurats

Quérée and Bullen

AG

-v-

Peter Le Sech

Daniel Joseph McGorian

1 count of possession of a controlled drug, contrary to Article 6 (1) of the Misuse of Drugs (Jersey) Law 1978.

count 2: cannabis resin (Le Sech)

count 4: cannabis resin (McGorian)

On 21 May 1998, both accused were acquitted by the Inferior Number of the Royal Court, en Police Correctionnelle, on 1 count of possession of a controlled drug with intent to supply, contrary to Article 6 (2) of the Misuse of Drugs (Jersey) Law 1978: Count 1: cannabis resin (Le Sech): Count 3: cannabis resin (McGorian)

Age: Le Sech 28

McGorian 31

Plea: Guilty

Details of Offence:

McGorians girlfriend was arrested shoplifting in boots the Chemist. Police officers went to her flat which she shared with her boyfriend and they occupied as tenants of Le Sech. Police officers discovered cannabis as follows: Le Sech - 89.80 grams (3.17 ounces) street value £507.20. McGorian - 138.62 grams (4.89 ounces) street value £782.40.

Details of Mitigation: (Including domestic circumstances)

Guilty pleas and co-operation with police.

Previous Convictions:

Le Sech - 1 minor motoring offence

McGorian - 6 previous but none in relation to drugs

Conclusions:

Le Sech: count 2: £500 fine or 1 month imprisonment in default of payment

McGorian: count 4: £500 fine or 1 month imprisonment in default of payment

Community service not appropriate because neither defendant intended to stay in the Island.

Sentence and Observations

of the Court:

Le Sech: count 2: conclusions granted; 3 weeks to pay

McGorian: count 4: conclusions granted, 7 days to pay

Mrs S Sharpe,Crown Advocate

Advocate N J Chapman for P Le Sech

Advocate C M Fogaty for DJ McGorian

JUDGMENT

THE DEPUTY BAILIFF: This is not the place to argue with you on the rights and wrongs of cannabis misuse. Its use in this island is illegal and we feel that you are fortunate the Crown suggested a fine, but we will follow the conclusion of the Crown. Le Sech you are fined £500 on count 2, or one month imprisonment, and we are going to give you three weeks to pay but you must give your passport to the Viscount until the fine is paid. McGorian, again on count 4 you are fined £500, or one month’s imprisonment and you can pay that within 7 days. If there are any problems you tell the Viscount. We order the forfeiture and destruction of the drug.

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