Jersey Unreported Judgments

2000/160

3 pages

ROYAL COURT

(Samedi Division)

 

8^th August, 2000

 

Before: Sir Philip Bailhache, Bailiff, and

Jurats Rumfitt, Quérée, Potter, Le Ruez, Tibbo,

Le Brocq, Le Breton, Georgelin and Allo

 

The Attorney General

 

-v-

 

Anthony Paul Reynolds, aka Draper

 

 

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 14^th July, 2000, following a guilty plea to:

 

1 count of:   assisting in Jersey in the commission outside Jersey of an offence punishable under a law in force in the United Kingdom corresponding to Article 19(5) of the Misuse of Drugs (Jersey) Law, 1978, providing for the control and regulation in the United Kingdom of supply of a controlled drug, diamorphine (count 3).

 

[On 14^th July, the Inferior Number directed that proceedings in respect of the remaining counts in the indictment laid against the accused, namely counts 1, 2 and 4 to 10, inclusive, should be stayed until further order of the Court].

 

Age:        31

 

Details of Offence:

 

Arranged for his brother to collect 1 kilo of heroin in Liverpool and deliver it to one Michael O'Brien in Portsmouth, knowing that O'Brien planned to import it into Jersey in a consignment of meat destined for his butchery business.   The Jersey street value of heroin was some £300,000.   The accused located the heroin and orchestrated the supply which took place in England.   He played a pivotal part from his home in Jersey.

 

Details of Mitigation:

 

Early plea of guilt.   Named supplier (but knew that this was already known to the authorities).

 

Previous Convictions:

 

1 x conspiracy to supply Class A drugs; 12 month sentence;  accused was a prison abscondee at the time of the present offence.

 

Conclusions:  8½ years' imprisonment.

Statutory offence - maximum 14 years.   14 years taken as starting point.   Full third discount for plea.   Further reduction for all mitigation.

 

Sentence and Observations of the Court:   Conclusions granted.

 

 

C.E. Whelan, Esq., Crown Advocate;

Advocate A.J. Clarke for the accused.

 

JUDGMENT

 

THE BAILIFF:

 

1.            This would have been - had the plan succeeded - a very significant importation of heroin into Jersey.

 

2.            The Crown Advocate has, in our judgment, applied the correct starting point to what is one of the most serious drug trafficking cases to come before this Court.

 

3.            Reynolds, stand up, please.  Heroin is a degrading, dangerous and destructive drug.  You do not use drugs yourself but you were prepared to spread the misery which it causes amongst others in exchange for a substantial fee.

 

4.            We accept that you have named your supplier and instructed your counsel to make public that fact but we think that the Crown Advocate has taken full account of that in his conclusions and indeed of all the mitigating factors.

 

5.            The conclusions are granted and you are sentenced to 8½ years' imprisonment.

 

Authorities

 

 

AG -v- Trinidade (20^th July, 2000) Jersey Unreported.

 

Lillie (1995) 16 Cr.App.R.(S) 534.

 

A and B [1999] 1 Cr.App.R.(S) 52.