Jersey Unreported Judgments

2000/122

3 pages

 

ROYAL COURT

(Samedi Division)

 

30^th June, 2000

 

Before:    Sir Philip Bailhache, Bailiff,

                                                      Jurats Le Ruez, and Tibbo

 

 

The Attorney General

 

-v-

 

Fernando Americo Ganga de Lima

 

 

1 count of:   being knowingly concerned in the fraudulent evasion of the prohibition on importation of a controlled drug, contrary to Article 77(b) of the Customs and Excise (General Provisions)(Jersey) Law, 1972:

                    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.

 

Age:  26

 

Plea:  Guilty.

 

Details of Offence: Imported just over 1 gram of heroin into the Island concealed in 25 separate wraps between this sock and shoe.                    Each wrap containing approximately 50 mg, 16% purity by weight diamorphine. De Lima was not detected upon                           his arrival at the airport, but 21 wraps were found in his possession within 4 days of his arrival. Fully co-operative                              during the course of question and answer interview and admitted importation of drugs and informed the police that               he had shared 3 of the wraps with a friend and addict. No money had exchanged hands.

 

Details of Mitigation: Plea. Wrote his own indictment in relation to importation and supply counts (without admissions, he could have                                been charged only with count of simple possession). Residual mitigation for youth. Good character. Served                                             equivalent of 6 months and 17 days sentence in custody on remand awaiting sentencing. Not a long term addict.                  Took heroin to combat difficulties in his life following separation from his childhood sweetheart and wife. Came                            to Jersey partly to wean himself off his addition. Enforced absence during prison beneficial to him and assessed                    as being of low risk of re-offending. Supply only involved very small quantity of drug for no reward.

 

Previous Convictions:                                                          None

 

Conclusions:               Count 1:                            18 months' imprisonment;

                      Count 2:   2 years' imprisonment, concurrent.

 

Sentence & Observations of Court: 1 year probation order with 180 hours' community service with condition of attending Drug and Alcohol Service and submitting to random urine tests.

                                                        Court endorses Taylor. Good character. Low risk of re-offending.

 

 

                                             P. Matthews, Esq., Crown Advocate;

                                         Advocate Rebecca Juste for the Accused.

 

JUDGMENT

 

THE BAILIFF:

 

1.            The Court endorses the view which was expressed in AG -v- Taylor (14^th April, 2000) Jersey Unreported, that the supply of drugs, even to friends for no reward, will ordinarily attract a custodial sentence.

 

2.            So far as this case is concerned, however, we have very much in mind that, but for the frankness of the accused on interview by the police, he would be facing a charge of simple possession of a relatively small quantity of heroin.  It was only his admissions which led to the charge of importation and the further charge of supplying.

 

3.            Taking into account the fact that the accused has already spent six months in custody on remand and having regard to the reports which we have read and to the submissions persuasively made by defence counsel we are minded to impose a non-custodial sentence.

 

4.            Will you stand up, please, de Lima.  On the 2 counts on the indictment you are placed on probation for a period of 1 year subject to the ordinary conditions that you be of good behaviour during that time and that you live and work as directed by the Probation Officer and subject to additional conditions that you perform 180 hours' community service to the satisfaction of the community service organiser.  Further that you attend upon the drug and alcohol service as required and that you submit to random urine testing.

Authorities

 

 

Campbell, Molloy and MacKenzie -v- AG (1995) JLR 136 CofA.

 

Gregory -v- AG (15^th January, 1997) Jersey Unreported.

 

AG -v- de Sousa (2^nd June, 1997) Jersey Unreported.

 

AG -v- Nicolle (28^th October, 1998) Jersey Unreported.

 

AG -v- Mulholland (13^th September, 1999) Jersey Unreported.

 

AG -v- Moreira (21^st January, 2000) Jersey Unreported.

 

AG -v- Stephens (27^th February, 1998) Jersey Unreported.

 

AG -v- Taylor (14^th April, 2000) Jersey Unreported.