Jersey Unreported Judgments

2000/185

3 pages

ROYAL COURT

(Samedi Division)

 

15^th September, 2000

 

Before: M.C. St.J. Birt, Esq., Deputy Bailiff and

Jurats Le Brocq and Allo

 

The Attorney General

-v-

Shane Steven Heaven Cooper-Woodcock

 

 

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, contrary to Article 6(2) of the Misuse of Drugs (Jersey) Law, 1978:

                    Count 2: cannabis resin.

 

Plea:   Guilty.

 

Age:    21.

 

Details of Offence:

 

Cooper-Woodcock imported 2.43 kilograms of cannabis resin with a street value of £14,400.  He arrived as a foot passenger off the ferry from Weymouth and had the drugs taped to his body.  He had little option but to plead guilty.  He had committed the offence to pay off a debt and claimed he was one of a gang of several on the ferry and felt he had been used as a decoy because the others had got through.  However the psychological and psychiatric reports noted that he was renowned for exaggeration and described himself as a "blagger".  The psychiatrist believed his propensity to lie was in order to gain advantage for himself.  Defendant declined to name his supplier.

 

Details of Mitigation:

 

Defendant was unemployed and had been for some time but had a serious drug and alcohol problem which he had difficulty in financing.  He had a chaotic family background which led to behavioural problems causing him to leave school virtually unable to read or write.  Pleaded guilty the day after his 21^st birthday so just outside the provisions of Article 4 of the Criminal Justice (Young Offenders) (Jersey) Law, 1994.  Girlfriend pregnant due to give birth on 13^th December.  Already served equivalent of five months seven days in custody.  Personal references handed up.

 

Previous Convictions:   Four for theft and kindred, one relating to assault on a police officer.  First drugs offence.

 

Conclusions: Count 1: 15 months' imprisonment.

                        Count 2: 15 months' imprisonment, concurrent.

                        Starting point: 2½ years' imprisonment.

 

Sentence and Observations of the Court:

 

                        Count 1: 18 months' imprisonment.

                        Count 2: 18 months' imprisonment, concurrent.

 

Court agreed with the application of the guidelines in Campbell and a starting point of 2½ years.  Entitled to substantial credit for youth, no previous drug convictions although clear from the papers that he has a very substantial drug habit.  The Crown was too generous with sentence.  Increased to 18 months on both counts, concurrent.  Forfeiture and destruction of drugs.

 

Note:

 

The Deputy Bailiff observed that the material date, in respect of Article 4(1) of the Criminal Justice (Young Offenders)(Jersey) Law 1994 is the date on which the defendant pleads on indictment.

 

Mrs. S. Sharpe, Crown Advocate.

Advocate R. Juste for the accused.

 

JUDGMENT

 

 

THE DEPUTY BAILIFF:

 

1.            This was an importation of 2.43 kilograms of cannabis resin with a street value of £14,400.  The defendant states that he did the run in order to clear a drug debt.

 

2.            We agree with the Crown that, applying the guidelines laid down in Campbell, Molloy and MacKenzie -v- AG (1995) JLR 136 CofA, the correct starting point is 2½ years.

 

3.            In mitigation Miss Juste has referred to the guilty plea, although we have to say this defendant had no alternative having been caught with the drugs strapped to his body.  She referred to his youth and he is of course only just 21.  He is therefore entitled to  substantial credit because of this.  She has pointed out that he has no previous drug convictions and that is correct, although it is clear from the papers that he has a very substantial drug habit.

 

4.            We have paid careful attention to the contents of all the reports which are before us and to the references which have been handed up, and to the other papers which are in our possession.  We have taken note of the fact that whilst in custody the defendant has been drug free and is apparently motivated to remain so.  We strongly hope that that will continue.

 

5.            Nevertheless we think that overall the Crown has been too generous in the allowance that it has made from the starting point and we think that the least sentence we can properly pass is one of 18 months concurrent on both counts and this is what we impose.  We order the forfeiture and destruction of the drugs.

Authorities

 

 

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

 

AG -v- Cameron & Ors (21^st November, 1997) Jersey Unreported.

 

AG -v- McCool and Anor (9^th March, 2000) Jersey Unreported.