Prison for man who supplied cannabis to teenage "friends"

Monday 20 February 2017

A 59-year-old man who did not have “the strength or maturity” to refuse cannabis to two teenage girls he viewed as his “friends” has been handed an 18-month prison sentence.

Robert Leslie Smart appeared in the Royal Court on Friday to be sentenced for supplying cannabis to two 15-year-old girls, and allowing them to smoke the Class B drug on his home premises.

Police stopped Mr Smart, finding that two juvenile passengers, who appeared to both be, “…under the influence of some controlled substance” had been sharing a single passenger seat in his Renault van.

Upon closer inspection, the Police found that one of the girls had 360mg of cannabis resin in her handbag, while the other was found in possession of a small container with a 325mg piece of brown cannabis resin inside.

In a subsequent search of Smart’s property, 371mg cannabis resin, £260 and €70 in cash, as well as “numerous bongs” were confiscated.

According to Advocate Lucy Marks, defending, Smart had maintained that he had, “…recently cleared out his shed… and found residual amounts [of cannabis] in the bongs that he had stored there.”

It transpired that one of the girls had “unexpectedly invited herself” to Smart’s flat on the night of the offences in order to ask for a lift home. Unbeknown to Smart, she had also asked a friend to meet her there.

Once at his property, the girls were said to have “actively sought out” the cannabis. He agreed that the girls could both smoke some on his property and take some with them as a way of “disposing of something he was not intending to keep,” Advocate Marks said.

Moving for a custodial sentence, Crown Advocate Conrad Yates referenced the outcome of Smart’s Social Enquiry Report, which found him at medium risk of re-offending, and drew attention to his, “…fluctuating use of alcohol and cannabis”, “poor judgement” and decision-making, and, “…clear immaturity when it came to imposing boundaries.”

“He came to view himself as one of the girls’ friends,” Advocate Yates commented.

Pictured: The Royal Court, where Smart's case was heard and his sentence was handed down.

Aggravating this, Advocate Yates argued, was the fact that the incident breached a previous probation order, and added to his existing record of charges dating back to 1998.

Advocate Marks put forward the case for a community-based sentence, referencing trauma in Mr Smart’s youth and the fact he was, “…left with nothing” after previous time in custody led him to lose his job, pet, and some of his possessions.

This, she said, acted as, “…a catalyst to his own substance misuse problems.”

“[Smart] struggled to manage his negative feelings and has turned to substances as a coping mechanism.”

But after realising, “…he needs to effect a change” Smart has, “…completely detoxed from alcohol” and started seeking counsel in AA meetings and the Alcohol and Drugs Service.

Summarising the charges brought against him, Advocate Marks said: “Quite simply, he didn’t think through his actions that day, nor did he have the strength or maturity [to refuse the girls].”

“He’s 59,” Bailiff William Bailhache, presiding, interjected, to which Advocate Marks responded: “Absolutely, Sir. There’s no excuse for that and he does acknowledge that he’s the adult and should have said no.”

She continued: “His association with [the girls] may have been because he was living a very isolated existence… and was craving any kind of interaction.”

Despite her additional admission that the quantities of cannabis involved were, “…very very small”, the Bailiff maintained that, “...the Court takes a serious view of people who contribute to youngsters developing drug habits.”

“For those who are introduced to cannabis, there is no way of knowing where it might stop. Or those who have already taken cannabis… it nonetheless confirms and helps them in regular drug taking and assists them in a direction which is capable in some circumstances of causing them serious harm.”

In handing down the 18-month sentence and a £330 fine for the driving offence, the Bailiff advised the defendant: “We particularly have given consideration in relation to you rebuilding your life.”

“The Court is impressed with the efforts you have made and that gives you actually a real chance to look forward with hope to the future.”