“This was my first and will be my last drug conviction”

Wednesday 09 December 2020

A 26-year-old convicted of intending to supply MDMA has been spared jail after he impressed the Royal Court by qualifying as an electrician, and helping build the Nightingale Ward, following his arrest.

Promised that it would be Norman Carroll's first and last drug conviction, the Superior Number - a panel of jurats who only assemble for the most serious cases - took the "exceptional step" of instead imposing a 480-hour community service order.

Carroll was facing one count of possessing MDMA powder with intent to supply, as well as three counts of possessing drugs, including MDMA powder, cannabis resin and herbal cannabis.

Crown Advocate Richard Pedley explained that the drugs had been found by police officers executing a drugs warrant at Carroll’s home address in June last year.

Pictured: Carroll was arrested after Police searched his home in June last year.

Carroll said there was some cannabis in a side table but denied there was anything else in the home. 

Police however found what was described as a “commercial amount” of MDMA powder along with £1,071 in cash and around 100 small plastic resealable ‘deal bags’ inside a dirty laundry basket. They also found a smaller amount of the drug in the bedroom.

In total, they seized 35.317g of MDMA – valued between £2,800 and £3,500 - as well as 2.2g of cannabis resin – worth between £30 and £40 - and 233mg of herbal cannabis.

Carroll admitted he had supplied his friends with MDMA previously. He stated he had intended to consume half of the MDMA himself and supply the other half to “like-minded” friends. 

He also said he would consume 3-4g of the drug each weekend. 

The Court heard Carroll had six previous convictions but that none of them was drug-related.  

The Crown Advocate recommended a sentence of five-and-a-half years and requested a confiscation order of £1,126. 

Pictured: The Crown Advocate suggested Carroll be jailed for five-and-a-half years.

Defending, Advocate James Bell said Carroll had expressed sincere regrets for his actions. “He does wish to apologise to the Court for taking up the Court’s time and the need to address this matter today,” he added.

He told Court that Carroll was not planning on making any profit by selling MDMA to his friends, as he intended to sell it at the same price he had purchased it.

The lawyer said the cash found in the laundry basket had come from Carroll’s wages as his then-employer asserted in a letter to the court.

Advocate Bell went on to state that, during the 11 months between Carroll’s arrest and him being charged, the matter had been hanging over his head but that he had “completely turned his life around."

He said Carroll had stopped using drugs in the same month he was arrested and “severed himself from his group of friends." He focused on his employment and his studies after his arrest and passed his exams in June this year to qualify as an electrician - a skill he had put to use working on the Nightingale Ward.

Pictured: The Court heard Carroll had qualified as an electrician and spent 170 hours working on the Nightingale.

He said Carroll had the continuing support of his family, some of which attended court along with his girlfriend. 

He suggested the Crown’s conclusions were excessive in the circumstances. He went on to say that Carroll had “already felt the effect of the offence” during his time on remand.

Advocate Bell argued that a community-based sentence, coupled with supervision from the Probation service, would enable Carroll to build on the progress he had made.

He noted that he could resume employment with his former employer as soon as he was released.

“The interest of the community lies in him contributing to the society by way of working constructively,” Advocate Bell said.

He reminded the Court they could impose a maximum of 480 hours of community service – the equivalent of a prison sentence of three years and two months – which could take up to two years to complete.

Returning the Court’s sentence, Royal Court Commissioner Julian Clyde-Smith, who was sitting with Jurats Collette Crill, Charles Blampied and Jerry Ramsden, eventually agreed with Advocate Bell. 

Pictured: Royal Court Commissioner Julian Clyde-Smith was presiding.

The Commissioner noted that people who stop using drugs should be rewarded and listed Carroll’s achievements, including the 170 hours he spent working on the Nightingale. 

He also noted the very impressive references written on his behalf and the fact he had engaged with the substance misuse therapist in prison. 

Having considered that the sentence sought could be reduced to three years and two months, the Commissioner said the Court had felt able to take the “exceptional step” of imposing community service for what he described as “very serious offence."

He gave Carroll two years to complete the 480 hours of community service and imposed a one-year probation order.

Turning to Carroll, he said the Court had been “very impressed” with his letter and quoted from it, saying: “This was my first and will be my last drug conviction. I fully understand the seriousness of the charges… I can reassure you there is absolutely no chance I will ever reoffend.”

“We trust that is the case,” the Commissioner concluded.