Jersey Unreported Judgments

2000/162

3 pages

ROYAL COURT

(Samedi Division)

 

11^th August, 2000

 

Before:  Sir Philip Bailhache, Bailiff,

and Jurats Le Ruez and Le Brocq

 

 

The Attorney General

-v-

Mark Anthony Richards

 

 

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

                    Count 1: cannabis resin.

 

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

                    Count 2: cannabis resin.

 

Age:     20

 

Plea:   Guilty.

 

Details of Offence:

 

Defendant came to Jersey from Weymouth - sole purpose of visit was to import drugs to hand over to third party.  The Defendant was to be released from a debt of £1,000 owed to a friend who had in turn borrowed money from violent drug dealer.   Defendant taped ten bars of cannabis to his body.   Stopped by customs when Drug Detector dog gave positive indication to drugs.   Weight of cannabis resin: 2,535.54 grams with street value of £14,400 sufficient to make 715 deals.

 

Details of Mitigation:

 

Very little.   Residual youth.   Defendant aged 19 at time of offence committed offence because of debt.  Co-operation but Defendant caught in flagrante delicto.  Refused to name supplier and person to whom drugs were to be delivered.

 

Previous Convictions:

 

One for taking conveyance without consent for which Defendant was fined £40 and disqualified from driving for 3 months.

 

Conclusions:

 

Count 1: 3 years' Youth Detention.

Count 2: 3 years' Youth Detention, concurrent.

 

A premeditated and deliberate case of drug trafficking.   Starting point based on Band C of Campbell should be 3½  years Youth Detention.

 

Sentence and Observations of the Court:

 

Count 1: 2½ years' Youth Detention.

Count 2: 2½ years' Youth Detention, concurrent.

 

Offence so serious that notwithstanding Defendant's age and the provisions of Article 4 (1) (a) of Criminal Justice (Young Offenders) (Jersey) Law 1994 non-custodial sentence could not be justified.

 

 

D.E. Le Cornu, Esq., Crown Advocate.

Advocate C.M. Fogarty for the accused.

 

 

JUDGMENT

 

THE BAILIFF:

 

1.            The Court has had careful regard to its duties under the Criminal Justice (Young Offenders) (Jersey) Law, 1994 and has asked itself whether it is possible to impose a non-custodial sentence in this case.

 

2.            This was, however, a premeditated and deliberate act of drug trafficking.  We understand that threats may well have been made to the accused, but drugs are a dirty business and those who involve themselves in the misuse of drugs must accept that consequential risk.  It is no excuse for importing substantial quantities of cannabis resin into Jersey with a view to spreading the habit.

 

3.            The offence, in the view of the Court, is so serious that a non-custodial sentence cannot be justified.  I have also to explain to you, Richards, that in accordance with the Law, you will be liable to be supervised at the conclusion of the sentence which the Court is about to impose.

 

4.            As to the starting point we accept the submission of defence counsel regarding the accused's involvement in drug trafficking and in the light of the Campbell guidelines we have taken a starting point in this case of 3 years' Youth Detention.  We have applied the same deductions as moved for by the Crown Advocate and, Richards, you are accordingly sentenced on count 1 to 30 months' Youth Detention; on count 2, you are sentenced to 30 months' Youth Detention, concurrent, making a total sentence of 30 months' Youth Detention.  The Court orders the forfeiture and destruction of the drugs.

Authorities

 

 

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

 

Kenward -v- AG (14^th July, 2000) Jersey Unreported CofA.

 

AG -v- White (7^th November, 1997) Jersey Unreported.

 

AG -v- Weiss (5^th September, 1997) Jersey Unreported.