Man caught with drugs narrowly escapes prison

Monday 25 November 2019

A 60-year-old man, who was caught with a number of drugs including MDMA and cannabis, has been given a suspended prison sentence by Guernsey's Royal Court.

Shaun Moriarty pleaded guilty to four counts of possession, varying from Class C to Class A drugs.

When customs and police officers first visited the defendant's home, Moriarty said they wouldn't find any drugs and that they owed him an apology.

Before leaving the address with officers he asked for his coat, in which 0.69g of cannabis resin was found.

As the search continued, officers found one MDMA tablets, two diazepam tablets, more cannabis resin and some herbal cannabis.

Pictured: The defendant was sentenced by the Royal Court.

Moriarty had a total of 16.31g of resin and 869.8g of herbal cannabis. However, the herbal drug, which was discovered in a bag in his loft, is said to have been a 'waste product' of cannabis cultivation with a very low street value. It was more than two years old at the time of seizure and partly degraded.

In his mitigation, Defence Advocate David Domaille said the defendant had planned on burning the 'waste product' but had forgotten about it. "This waste product has no use to anybody," he added. "My client would say the drugs in question had no value at all."

Advocate Domaille said Moriarty was "extremely remorseful" for his actions, which have been "hanging over him" for months.

"The worry of the threat of prison has made him rethink his stance towards drugs," he explained. "There are many factors that can distinguish this case from any others of possession."

Pictured: The defendant will be sent to prison if he commits any further crimes.

Judge Russell Finch recognised the defendant's previous good character, having not committed any crimes since 1988, as well as the "considerable time" it had taken for the case to go to court.

Taking the "unusual circumstances" into account, Judge Finch decided to give Moriaty a suspended sentence rather than sending his straight to prison. The local man will have to serve 12 months in custody if he commits any further crimes within the next two years. 

"Today you are walking," said Judge Finch. "You are free to go."

Pictured top: Guernsey's Royal Court House with file images of cannabis resin and MDMA.