Man faces years in prison for drug dealing

Monday 15 February 2021

A late night fight led to a 21-year-old's phone being seized and checked, revealing incriminating messages that have seen him jailed for dealing drugs.

Kalan Millar was sentenced to four years in prison for supplying MDMA and cannabis to others, and six months for assault.

At around 01:00 on 31 August 2019, Millar and Jake Gallienne, 25, were walking along Les Amballes following a night out when they crossed paths with two other men.

Millar suggested to Gallienne that they follow the men, with Millar approaching them and asking to use one of their phones, as his had run out of credit. The men declined, causing to Millar confront them, saying: “this is a f*cking muggery, I have a knife.”

One of the men called the police, at which point Gallienne aimed a "jab" at him, striking his face and dazing him. The second man then ran after Gallienne but was pursued by Millar, who missed with a swinging punch before connecting with a second to the man’s shoulders and chest. 

At around 01:35, officers searching the area saw two men who matched their descriptions by the Admiral Park Waitrose and told them to stop, only for Millar and Gallienne to flee. Millar got away, however Gallienne was found at a nearby industrial site and was found with a small amount - 0.12g - of cannabis resin in his possession. 

While investigating Gallienne, his phone started ringing. It was Millar, who was sending him messages asking where he was and whether he had “been nicked”.

Pictured: The Bailiff Richard McMahon said Millar and Gallienne had "used their fists rather than their brains".

Millar's phone was seized and officers investigated several messages that contained “code speak” about supplying drugs. As no drugs were ever physically found, the extent of the quantities supplied was never known. 

However, the Crown Prosecutor Rory Calderwood argued that the messages had provided a “general picture of the offending” and were sufficient to prosecute him.

Millar has been in custody since September 2020, after he broke his curfew and a bail condition regarding his consumption of alcohol.

Advocate Phoebe Cobb, representing Millar, said her client had entered guilty pleas to the supply charges at the earliest opportunity. She said that no cannabis had actually been found and not all transactions spoken about had been completed.

“His primary incentive was financial gain,” she said of Millar’s motives. “At the time he was on benefits and he was using any money he received just to assist in his day-to-day living.”

Advocate Cobb said Millar had been “proactive” in admitting his guilt to the assault charge once both sides had agreed on the facts.

“He had consumed an awful lot of alcohol that he believes did impact on his judgement," she said. 

Millar recalled and accepts making the comment about the muggery, saying he regretted his actions. Advocate Cobb contested that that the two men in Les Amballes "did not feel completely threatened" by Millar's comments - with one telling the JESCC operator that he "thinks it is all chat to be honest" - but accepted that they had been concerned enough to call the police.

The Defence Advocate said Millar had experienced difficulties in his personal life and has a tendency to be very reactive in his behaviour

Advocate Liam Roffey, representing Gallienne, said that his client had no foreknowledge of the threat Millar was going to make. He concluded that Gallienne could not be held responsible for Millar’s actions, which was reflected by the separate charges against them.

They had been on a night out and decided to walk together as they were heading in the same general direction. Gallienne did not know the two victims, unlike Millar, who was acquainted with them and was the first to engage with them.

"His physical actions were limited to a single strike and the consequences limited to reddening of the cheeks," said Advocate Roffey. 

Pictured: Millar and Gallienne appeared in Guernsey's Royal Court 18 months after they committed the offences.  

In sentencing the pair, the Bailiff Richard McMahon scolded them for their "crass idiocy", saying they had "used their fists rather than their brains".

He said that both had previous convictions for assault matters. He reiterated that drug offences like those committed by Millar are always going to be met with a severe punishment under the current laws.

"This Court has to take drug dealing seriously, especially so when dealing with Class A drugs. It is apparent to us that you knew what you were doing and were willing to take the risks associated with doing so."

The Royal Court sentenced Millar to four years in prison for dealing MDMA, 18 months concurrent for dealing cannabis, and six months consecutive for assault. That amounts to a total sentence of four years, six months, backdated to September 2020. 

Gallienne was given 120 hours of community service and a probation order for assault and a further 40 hours community service for possession of cannabis, meaning a total of 160 hours of unpaid work.