Jersey Unreported Judgments

2000/80

4 pages

ROYAL COURT

(Samedi Division)

 

8^th May, 2000

 

                                Before:  Sir Philip Bailhache, Bailiff, and Jurats

                                               de Veulle, Le Ruez, Le Brocq, Le Breton,

                                               Georgelin and Allo.

 

 

The Attorney General

 

-v-

 

Kevin Travis;

Sean Culkin;

Paul Munro.

 

 

Sentencing by the Superior Number of the Royal Court, to which the accused were remanded on 24^th March, 2000, following guilty pleas to the following counts:

 

KEVIN TRAVIS

 

2 counts of       conspiring with others to 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 & Excise (General Provisions)(Jersey) Law, 1972:

                        count 1: cannabis resin;

                        count 2: amphetamine.

 

[The accused also pleaded not guilty to counts 4 and 5 of the indictment, and the Crown abandoned the prosecution on these counts].

 

Age:    33

 

Conclusions: count 1: 6 years' imprisonment;

                        count 2: 3 years' imprisonment, concurrent.

 

Sentence and Observations of the Court:  Conclusions granted.

                                                                An application for leave to appeal was dismissed by the Court of Appeal in July, 2000

 

SEAN CULKIN

 

3 counts of:      conspiring with others to 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;

                        count 2: amphetamine;

                        count 3: cocaine.

 

[The accused also pleaded not guilty to counts 6 & 7 of the indictment, and the Crown abandoned the prosecution on these counts].

 

Age:    30

 

Conclusions: count 1: 8 years' imprisonment;

                        count 2: 4 years' imprisonment, concurrent;

                        count 3: 3 years' imprisonment, concurrent.

 

Sentence and Observations of the Court:  Conclusions granted.

                                                               

 

PAUL MUNRO

 

3 counts of:      conspiring with others to 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;

                        count 2: amphetamine;

                        count 3: cocaine.

 

[The accused also pleaded not guilty to counts 8, 9 and 10 of the indictment, and the Crown abandoned the prosecution on these counts].

 

Age:   26

 

Conclusions: count 1: 7 years' imprisonment;

                        count 2: 3 years' imprisonment, concurrent;

                        count 3: 2 years' imprisonment, concurrent.

 

Sentence and Observations of the Court:  Conclusions granted.

 

Details of Offence (all three accused)

 

Undercover  Officers working in Jersey let it be known that they had a boat and were in the business of transporting drugs in return for a fee.   Travis introduced them to Culkin and Munro.   As a result of arrangements to which all three accused contributed the undercover officers were supplied in England with £288,000 street value cannabis; £150,000 street value amphetamine paste; and £2,368 street value cocaine (known only to Culkin and Munro.)   Culkin and Munro paid £20,000 transport fee.   Officers pretended to bring the drugs to Jersey.   All three accused were arrested at that point.

 

Details of Mitigation

 

Plea of guilty respectably in advance of trial attracted one-third reduction.

Sentences took account of differing rôles played by each accused.

 

 

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

Advocate S.E. Fitz for K. Travis;

Advocate J.C. Gollop for S. Culkin;

Advocate A.D. Robinson for P. Munro.

 

JUDGMENT

 

 

THE BAILIFF:

 

1.            The Court wants first of all to commend the professionalism and courage of the undercover police officers involved in this case.  The drug trafficking trade is a vicious and dangerous business and the actions of the officers are deserving of the community's thanks.

 

2.            These accused have pleaded guilty to drug trafficking on a large scale.  It was a carefully planned enterprise and the drugs had a street value of over £400,000.  The accused went into the enterprise with their eyes open.  Indeed, their only motive was to make a substantial profit.   As the Court has said on numerous occasions, such persons must expect substantial prison sentences.   In each case the burden of the sentences is borne not just by the offenders, but also by those closest to them.  This is a very sad but inevitable consequence of serious criminality.

 

3.            It is unusual, in a case of this kind, to allow a full one-third discount, where the accused have pleaded guilty, but there is otherwise not much to be said in mitigation.  However, we have taken account of everything which defence counsel have so carefully placed before us and we think, in all the circumstances, that that discount is the appropriate one.   Having said that, we agree with the Crown Advocate that 12 years is the proper starting point for an offence of this gravity involving a huge quantity of Class B drugs.  We have considered very carefully all the material placed before us.  We think that the Crown Advocate has fairly and correctly attributed responsibility for their respective involvement to each accused giving proper weight to all the mitigating factors in moving his conclusions.

 

4.            Stand up, please, Travis.  The conclusions are granted; on count 1, you are sentenced to 6 years' imprisonment; and on count 2, you are sentenced to 3 years' imprisonment, concurrent, making a total of 6 years' imprisonment.

 

5.            Stand up, please, Culkin.  On count 1, you are sentenced to 8 years' imprisonment; on count 2, to 4 years' imprisonment, concurrent; on count 3, to 3 years' imprisonment, concurrent, making a total of 8 years' imprisonment.

 

6.            Stand up, please, Munro.  On count 1, you are sentenced to 7 years' imprisonment; on count 2, to 3 years' imprisonment, concurrent; on count 3, to 2 years' imprisonment, concurrent, making a total of 7 years' imprisonment.  We further order the forfeiture and destruction of the drugs.

 

 

 

 

 

Authorities

 

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

 

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