Recovering heroin addict allowed to serve community service in UK

Sunday 04 November 2018

A recovering heroin addict, who brought over drugs which he says were prescribed to help with withdrawal, has been sentenced to community service which he is allowed to carry out in the UK where he is from.

David Henry Gittens (52) brought over 57 methadone tablets and 16 diazepam tablets in his suitcase when he came over to Jersey to work for a few weeks. He appeared in the Royal Court for sentencing on Friday.

The Court heard that when Gittens was stopped at the Harbour in July of this year, he was abusive to Customs officers and at one point “dropped his shorts… exposed himself, saying: ‘Just f*****g check it out’” as well as hurling abuse at them.

Gittens told Customs that the drugs were prescribed to him by his local Drug and Alcohol unit in London where he lives, as he is a former heroin user. 

The Court heard that whilst enquiries were made into this explanation, Gittens was released but arrested a few days later when it was established that the London authority hadn’t recently prescribed methadone or diazepam to him.

Pictured: David Henry Gittens was apprehended at Elizabeth Terminal where a baggage search revealed he was carrying methadone and diazepam tablets.

Making his case for a prison sentence of two-and-a-half years, Crown Advocate Richard Pedley described Gittens as “uncooperative and abusive” throughout the investigation of the case, noting that he “lied when challenged” about where he got the drugs and that he had “an extensive criminal record”.

Defence Advocate Francesca Pinel asked the Court to impose a community service order rather than a prison sentence, describing the Crown’s advice on sentencing as “excessive”.

Advocate Pinel explained that Gittens had been prescribed liquid methadone to help control his addiction which he then swapped for the tablets. Advocate Pinel said that these are the methadone tablets he brought over with him to “sustain him whilst in Jersey”.

She explained that the reason her client dropped his shorts is because he was told he was going to be strip searched, but that he acknowledged that the language he used towards the officers was unacceptable.

In making her case for a non-custodial sentence, Advocate Pinel explained that Gittens was a carer for his mother and partner who are both chronically ill and living in the UK.

Pictured: The 52-year-old man was sentenced in the Royal Court this week.

She also explained that Gittens had “unofficially adopted” a young girl who was “living rough on the streets of London” and allowed her to stay with him in his flat. 

The Court heard that Gittens “helped her to get back on her feet” and that he “looks at her like a daughter”. Advocate Pinel argued that should he have to serve a lengthy prison sentence in Jersey, he would be abandoning his mother, his partner and his dependant.

Having heard both sides of the case, Royal Court Commissioner Julian Clyde-Smith and Jurats Fisher and Ronge agreed with the Defence and imposed a 200 hour community service order which it was agreed could be managed by Gittens’ local authority in London.

The Court also imposed the condition that Gittens must comply with any programmes directed by the relevant Probation order, including attending drug rehabilitation groups.

After handing down his sentence, the Commissioner warned Gittens: “if you breach the order… you will be brought back here [to Jersey] and you will be sent to prison.”