2002/142
ROYAL COURT
(Samedi Division)
26th July, 2002
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Before:
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M.C. St.J. Birt, Esq., Deputy Bailiff and
Jurats Rumfitt and Bullen.
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The Attorney General
-v-
David Caboz Vieira
Breach of a 6 months’ Binding
Over Order, made on 25th January, 2002 by the Royal Court, with the
following conditions attaching: Vieira attends the Alcohol and Drugs service
for a period of six months; he remains free from all non-prescribed opiates to
be confirmed by random urinalysis; and he complies with the treatment goals
agreed with the Alcohol and Drugs Service (See Jersey Unreported
Judgment of 25th January, 2002 [2002/26]) following a guilty plea to
:
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1 count of:
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Possession of a controlled drug, contrary to
Article 6 (1) of the Misuse of Drugs (Jersey)
Law 1978:
Count 1: diamorphine (heroin).
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Age: 22
Plea: Breach
admitted.
Conclusions:
6 months’ imprisonment,
discharge of binding over order.
Sentence and Observations of Court:
Conclusions granted.
C. Yates, Esq., Crown Advocate.
Advocate D.M.C. Sowden for the defendant.
JUDGMENT
THE DEPUTY BAILIFF:
1.
Now,
Vieira, you were told by the Bailiff on the 25th January, 2002, that you had come very
close to crossing the line beyond which the Court would have to send you to
prison. You have been given many
opportunities before despite offending fairly regularly. So you were given a final chance by the
binding over order in January, with conditions that you should undergo treatment
with the Drug and Alcohol Service.
2.
You have
failed to comply with that chance. You committed a further offence of
possession of cannabis on 1st
May, 2002, and then you failed to keep in touch with the Drug and
Alcohol Service. Advocate Sowden
explained that this arose because you had changed your address. But it was your duty to notify the Drug
and Alcohol Service if you changed address. You had been given a chance, and it was
your duty to keep in touch with the Drug and Alcohol Service so that you could
undergo the treatment to help you.
3.
We are
quite satisfied that you have been given every chance and there is no
alternative now but to send you to prison.
You have failed to take advantage of the many chances that the Court has
given you. We have considered
carefully the length of the sentence.
We accept that this is your first conviction of possession for heroin, a
Class A drug, but you already have four convictions for possession of Class B drugs,
and in all the circumstances we think that the conclusions are correct.
4.
The
sentence of the Court is 6 months’ imprisonment, and the binding over
order is discharged.
No Authorities