Jail for drug dealer caught driving while banned

Tuesday 02 November 2021

A cocaine, MDMA and cannabis dealer, who was also caught driving a van while disqualified, has been sentenced to more than seven years' imprisonment.

Joshua O’Brien was sentenced in the Royal Court yesterday, appearing before Deputy Bailiff Robert MacCrae, sitting with Jurats Robert Christensen MBE, Jerry Ramsden, and Steven Austin-Vautier.

On 9 March last year, police searched a flat that O'Brien lived in from time to time, finding a set of black scales, which were analysed and tested positive for traces of cocaine and MDMA.

They also found a tub of creatine powder, which is often used as a cutting agent with drugs in powder form.

Inside the same cardboard box the creatine was found in, they also found the plastic lid from the scales, two spoons and a plastic cup. A States analyst later confirmed they contained traces of cocaine.

A mobile phone was found, though O'Brien had initially said he did not own one. An officer placed it on a table during the search, and when he returned to seize it, found it had been moved and was under a cushion on the sofa which O'Brien was sitting.

Upon forensic examination of his phone, multiple WhatsApp messages were discovered showing O'Brien concerned in the supply or in the making of offers to supply cocaine, MDMA and cannabis.

O'Brien was also charged with motoring offences - driving a motor vehicle whilst disqualified, driving without insurance, and failure to provide a breath specimen.

Prosecuting, Advocate Mike Preston recommended the Royal Court sentence O'Brien to seven years and three months in custody, and ban him from driving for three years.

Speaking in O'Brien's defence, Advocate Francesca Pinel recommended a shorter sentence of six years and three months.

She discussed how the people he spoke to about drugs were "well known to him", saying that, while "he does not undermine his acceptance of responsibility", he was not supplying drugs on a larger scale over a long period.

She referred to a letter he had written "acknowledging the damage he has caused and expressing his sincere remorse", as well as letters from friends and family. One said he was "kind, loving and generous", with the writer noting attempts to "better himself" over the past few years.

Summing up, the Deputy Bailiff told O'Brien: "You were uncooperative with the police, you made 'no comment' interview, you refused to sign a bank disclosure form and you refused to supply a PIN number for mobile phone."

He also said the court rejected the assertion it was just a social supply instead of commercial selling. He said it was "clear these transactions were being carried out by you for money" and that "selling drugs to friends is selling drugs commercially."

He said his sentence would see a small discount, reflecting "all the things said on your behalf and written so well on your behalf". including O'Brien's own letter of remorse.

The testimonies from friends and family, the Deputy Bailiff added, "tell us about your strong work ethic and say there's a completely different side to you."

The court sentenced O'Brien to a total of seven years and three months imprisonment, and disqualified him from driving for three years.