Drugs trafficker misses "last chance" to avoid jail

Thursday 05 July 2018

A 30-year-old man who narrowly avoided prison after he admitted numerous drugs offences, has now been jailed for six months after breaking his community service order.

In September 2017, the Crown described Michael Edward Gilbraith's offences as serious and asked for a 12-month prison sentence - but Royal Court Commissioner Julian Clyde-Smith said that his “exceptional family circumstances” made a non-custodial sentence more appropriate, and handed down 180 hours of community service.

A regular cannabis user, Gilbraith said his habit, and other events, had led to his being trapped in a debt spiral. In Court it was claimed Gilbraith owed dealers £2,800 and was facing ‘interest’ of £150 a week. To try and pay it off, he bought a kilo of cannabis for £1,200 which he hoped to sell on at a profit. But, when his home was burgled and the cannabis stolen, he bought another kilo to try and pay off what he owed for the first.

In a letter sent to Court ahead of his sentencing in September 2017, Gilbraith said he was “more than prepared to help in the community to give some time back." 

Pictured: Gilbraith said his cannabis use and other events had led to his being trapped in a debt spiral.

While he completed 95 hours of community service, his compliance was described as "unacceptable," leading to his eventual suspension from the scheme. The Court heard that Gilbraith was late to his first appointment, one week after the sentencing. He also failed to report to a number of work sessions, due to poor health and job interviews, he explained.

On 27 February, he was removed from a work session due to unsatisfactory performance, which he said was due to having slept only three hours the previous night. After missing a compliance meeting, he was reinstated "on a last chance basis” on 16 March.

For days later, Gilbraith was suspended after he had to be removed from a work session due to his "unacceptable behaviour and verbal abuse" towards a supervisor.

Gilbraith denied the breaches but was found to be in breach by the Court. Crown Advocate Matthew Maletroit moved for a nine month prison sentence. 

Royal Court Commissioner, Sir Michael Birt, who was sitting with Jurats Jerry Ramsden and Robert Christensen, told Gilbraith he had been extremely lucky not to have received a prison sentence when he was first sentenced. “Despite that you have breached the community service order,” he added. 

Sir Michael noted that Gilbraith had been given many chances, including “an absolutely last chance” on 16 March 2018, which didn’t prevent him from behaving in “a completely unacceptable manner “ just four days later. 

“The Community Service Officers are entitled to the protection of the court if offenders behave abusively or aggressively towards them.”

Sir Michael Birt that given Gilbraith’s background there was no alternative to imposing a prison sentence. “You have had your opportunity but you have not taken advantage of it,” he told Gilbraith before sentencing him to six months in prison.