We have had to have careful regard, of course, to the case of AG -v- Buesnel (21 August 1996) Jersey Unreported, but we have to note that this is his third drug offence and he is in breach of a Probation Order. He has been very co-operative, as Mrs Deacon has so carefully informed us, and no doubt he wishes to cure himself of his addiction, but of course somewhere in Jersey a dealer is waiting for him with heroin.
There is no purpose in putting him on probation; he has already breached two Probation Orders. However, this was a small amount of heroin for personal use and there will, as Mrs Deacon has told us, be many setbacks before any heroin addict can be safely said to be cured. We therefore discharge the Probation Order. Stand up, please, Vieira. On count 1, you are sentenced to one month imprisonment; on count 2, you are sentenced to six months imprisonment, concurrent. For the breach of probation you are sentenced to two months imprisonment, concurrent. Furthermore, the time you have spent on remand will be taken into account. We order the forfeiture and destruction of the drugs.
Authorities
Whelan: Aspects of Sentencing in the Superior Courts of Jersey: Noter-up, May 1996-7: pp.2-5.
AG -v- Young (1980) JJ 281
AG -v- Buesnel (21 August 1996) Jersey Unreported
AG -v- Camacho, Melim (24 October 1997) Jersey Unreported
AG -v- McDonough (7 March 1997) Jersey Unreported
AG -v- Evans (4 July 1997) Jersey Unreported
Criminal Justice (Probation Order) (Jersey) Law, 1986