Jersey Unreported Judgments

ROYAL COURT

(Samedi Division)

20 July 1998

Before: FC Hamon, Esq., Deputy Bailiff and Jurats

Gruchy, Le Ruez, Herbert, Rumfitt, Potter, de Veulle,

Quérée, Le Brocq, Bullen and Le Breton

AG

-v-

Jose Geraldo Pereira Roque

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 26 June 1998, following a guilty plea to:

1 count of possession of a controlled drug with intent to supply, contrary to Article 6 (2) of the Misuse of Drugs (Jersey) Law 1978:

count 1: diamorphine.

1 count of supplying a controlled drug, contrary to Article 5 (b) of the Misuse of Drugs (Jersey) Law 1978:

count 2: diamorphine.

Plea: Guilty

Age: 30

Details of Offence:

On 26 February 1998, the Defendant was arresting at Springfield Stadium on suspicion of being concerned in the supply of controlled drugs. A drugs warrant was executed at 34 St. Marks Road where the defendant had use of the front room. The officers found drugs paraphernalia, cash in the sum of £7,710 and two plastic bags containing a total of 107.51 grams of heroin (count 1). The Defendant’s home at 46A Don Street was then searched and £497.20 was found in cash contained in a bottle made up of coins and notes. After receiving legal advice, the Defendant made a full and frank interview with the assistance of an interpreter. He admitted he owed all items seized including the heroin. He claimed he was intending to sell between 3 and 10 wraps of heroin per day for £30 per wrap and he had been supplying over the previous three to four months at the rate of 3 or 4 wraps a day (count 2). The Defendant had benefited from drug trafficking to the tune of approximately £21,111 and a confiscation order in the sum of £9,741.23 was not opposed. The street value of heroin seized approximately £32,253 if sold in score bags at approximately £300 per gram. When added to the "supply" admissions, the total value of heroin trafficked was between £40,353 and £43,053 if sold at £300 per gram.

Details of Mitigation:

Guilty pleas. Could have pleaded not guilty to count 1 and wrote his own indictment in respect of count 2. Full co-operation at interview with police. Had been victim of assault whilst in the vulnerable persons unit at La Moye, not thought to be drugs related. "Difficult" childhood not referred to in open Court.

Previous Convictions:

Five previous but only one in respect of drugs - 1996 possession of heroin and cannabis for which he was sentenced to one year’s probation and 50 hours community service. The probation order was discharged early because of the Defendant’s good behaviour.

Conclusions:

12 years starting point. One third off for guilty plea and further two years for co-operation - six years imprisonment on each count, concurrent. Confiscation and destruction of the drugs. Confiscation order in the sum of £9,741.23.

Sentence and Observations

of the Court:

Conclusions granted. Heroin seized if sold in 1,075 score bags could have provided 3,225 doses "of this poison". Court referred to Campbell.

Mrs S Sharpe, Crown Advocate

Advocate JC Gollop for the accused

NO RECORDED JUDGMENT

Authorities 

Campbell, Molloy, MacKenzie -v- A.G. (1995) JLR 136 C.of A

A.G. -v- Pitchley (25 November 1996) Jersey Unreported

A.G. -v- Perchard, McConnachie (22 November 1995) Jersey Unreported

A.G. -v- Busby (20 January 1997) Jersey Unreported