Too many youngsters who don't understand the consequences, says Judge

Sunday 23 May 2021

A Royal Court Judge has sounded concerns over the number of young people ending up on trial for drug offences, as she sentenced a 19-year-old for importing cannabis for his personal use.

Benjamin Higginson was given an 18-month sentence - suspended for two years - and a two-year probation order after being found guilty of importing 27.81g of herbal cannabis and 1.91g of cannabis resin.

Higginson imported two packages through the post last July, which were intercepted by customs officers at Envoy House.

Police turned up at his home address on 8 August to arrest Higginson and confiscate his phone. A search of the premises provided evidence of cannabis use, including the discovery of a grinder which contained traces of a green herbal substance that was later found to be the Class B drug.

The Crown Prosecutor said Higginson's phone also gave evidence of importing the drugs, which were ordered via a social media platform. 

Higginson said he used cannabis to stop him from drinking alcohol and to relieve back pain. Defence Advocate David Domaille reiterated that his client had ordered the drugs for his own personal use.

The importation was not a sophisticated exercise, and his client had made contact with the Post Office himself when the cannabis did not arrive, which "maybe showed his level of immaturity".

Advocate Domaille pointed out that, by law, youth detention should only apply for the protection of the public, and/or for an offence so serious that a non-custodial sentence cannot be justified.

Pictured: Higginson narrowly avoided being sent to Les Nicolles Prison for 18 months. 

That was not the case with Higginson, he said, who was just 18 at the time of the offences. Advocate Domaille said Higginson has "been a rock" for those closest to him in recent years, and has engaged with support services since being apprehended last summer.

"He is a young man who is highly motivated to address the issues in his life," said Advocate Domaille. "He has made a massive error of judgement and is determined to turn his life around."

Judge Catherine Fooks, who was sworn in to the Royal Court earlier this year, was "satisfied" that the custody threshold has been crossed and that the Richards guidelines for drug importation applied in Higginson's case.

However, given his cooperation with police, age, previous good character and early guilty pleas, she said the Court did have the option of ordering an alternative to immediate imprisonment. 

She was nevertheless alarmed that another teenager was stood before her starting down the barrel of a lengthy spell behind bars. 

"I am concerned that we have another youngster coming [before the Court] with little understanding of the consequences," she said. As a custodial sentence, the offence will remain on his criminal record for a number of years. 

Commending Higginson on his work ethic and the "many responsibilities you shoulder", Judge Fooks and the Jurats gave Higginson a second chance, by suspending his 18-month imprisonment in youth detention and applying a two-year probation order.