Jersey Unreported Judgments

 2001/136

 

ROYAL COURT

(Samedi Division)

 

15^th June 2001

 

 

The Attorney General

-v-

Julia Marie Harrison

 

Sentencing following conviction on 17th May, 2001, by the Inferior Number of the Royal Court on a Not Guilty plea to the following charges:

 

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 1: Heroin.
1 count of:	Possession of a controlled drug, contrary to Article 6 (1) of the Misuse of Drugs (Jersey) Law 1978: Count 2: Heroin.

[On 17th May, 2001, the Court ordered that Count 2 be kept on file and not  be proceeded with without leave of the Court.]

 

Age:     37

 

Plea:    Not guilty

 

Details of Offence:

Harrison was convicted at trial of being in possession of heroin in the visitor's room of the prison with intent to supply it to an inmate whom she was visiting.  She had been caught with a paper wrap containing 16 mg of brown powder.  The wrap had itself been sealed in cling film.  Analysis showed the powder to be heroin containing 58% by weight of diamorphine.  It was a very small amount with a street value of £5 to £7 although its value would be greater in the prison environment and the degree of purity was such that it could have been "cut".  Harrison had intended supplying it to her boyfriend whom she was visiting.  The offence was aggravated by the fact that this was an attempt to smuggle class "A" drugs into the prison.    

 

Details of Mitigation:

Single mother of two young children aged 14 and 15 years.  She was not their only carer as she had a brother and parents living in the island who would be in a position to care for the children.  She appeared to be a good mother to the children.  She was a vulnerable personality.  The quantity of heroin involved was very small.  She had had a very difficult past. 

 

Conclusions:

 

Count 1:

18 months' imprisonment

 

 

Sentence and Observations of Court:

The Court takes an extremely stern view of this type of offence.  Those passing drugs to inmates of the prison can expect to receive, sometimes, lengthy sentences of imprisonment.  In this case, there was room for mercy.  Harrison had had a very difficult past, was very vulnerable and the Court considered her two young children would be devastated were she to be imprisoned.  The Court was in no doubt that if she were imprisoned, it would put both Harrison and her children at risk.  As an act of mercy, the Court could "just" avoid imprisonment also bearing in mind the small quantity of drugs involved.  The sentence of 18 months' imprisonment sought by the Crown was the right length of sentence.  As a direct alternative, the maximum of 240 hours community service would be imposed.  Harrison was warned that a breach would leave her with very little chance of avoiding imprisonment.  An order was made for the forfeiture and destruction of the drugs. 

 

 

A.D. Robinson, Esq, Crown Advocate.

Advocate S.E. Fitz for the accused.

 

 

 

JUDGMENT

 

 

 

THE DEPUTY BAILIFF:

1.        You have been convicted of taking a small amount of heroin into La Moye Prison, with the intention of supplying it to your boyfriend who is in prison.  I have to tell you that the Court takes an extremely stern view of such conduct.  In the case of Cunningham (25^th March, 2001) Jersey Unreported; [2001/70] this Court endorsed the decision of the English Court of Appeal in R-v-Farooqi [1999] 1 Cr. App. R. (S) 379 where it was said that even following a guilty plea, a sentence of the order of 12 months' imprisonment was appropriate in cases of passing Class B drugs to prisoners.  In relation to Class A drugs the English courts have taken an even tougher approach.  In R-v-Prince [1996] 1 Cr. App. R. (S) 335 the Court of Appeal upheld a sentence of 5 years imprisonment on a father of 59, of good character, who was not in good health, who had admitted passing heroin to his son in prison on two occasions and to possessing 491mg of heroin with intent to supply it to his son.  In R-v-Hamilton [2001] 1 Cr. App. R. (S) 1991, where the mitigation was exceptionally strong, a 32 year old mother of three children - one of whom had behavioural problems - and who was of good character, was sentenced to two years for attempting to pass 6 grams of heroin to a prisoner.  We repeat that those passing drugs to serving prisoners can expect to go to prison and in some cases for lengthy periods.

2.        But there is always room  for mercy and Miss Fitz has put forward a powerful argument on your behalf.  We have had the advantage of looking at numerous and detailed papers and letters.  It is clear to us that you have overcome an appallingly difficult background, both in the distant and in the recent past.  We have had a medical report which makes it clear that you are in a very fragile and vulnerable state in so far as mental health matters are concerned.  In addition you have two children who depend upon you and it is clear that they would be devastated by your imprisonment.  The question we have to ask ourselves is whether the policy which we have spelt out requires us to imprison you on this occasion, when we have no doubt that this would put the future of both you and your children at risk. 

3.        On balance, in view of the very small amount, and all the other matters that we have read about, we have just been able to come to the conclusion that it does not require you to go to prison.  So, we are going to impose a community service order of 240 hours; the prison sentence, therefore, that we would have had in mind would have been that moved for by the Crown, of 18 months.  I must warn you, Miss Harrison, that if you commit further offences during that period, or if you fail to undertake the community service you will be brought back here for sentencing.  In that eventuality there is very little chance of anything other than that you will go to prison.  So we hope that you will not appear before us again.  We order the forfeiture and destruction of the drugs. 

 

Authorities

AG-v-Andrew Corvel (2^nd March 2001) Jersey Unreported;[2001/55]

AG-v-Cunningham (23^rd March 2001) Jersey Unreported;[2001/70]

AG-v-Horgan (20^th December 1996) Jersey Unreported;

AG-v-Debbie Horgan (22^nd January 1999) Jersey Unreported; [1999/18]

AG-v-Marina Kernan (29^th September 2001) Jersey Unreported [2000/191]

Candia Cooper-v-AG (Appeal) (10^th January 2001) Jersey Unreported [2001/6]

Whitehead-v-AG (22^nd May 1995) Jersey Unreported CofA

AG-v-Taylor (14^th April 2000) Jersey Unreported; [2000/69]

R-v-Byrne (1996) 7 Cr. App. R. (S) 34.

Prince (1996) 1 Cr. App. R (S) 335.

Appleton (1999) 2 Cr. App. R. (S) 289.

Hamilton (2000) 1 Cr. App. R (S) 91

R-v-Farooqi [199] 1 Cr. App. R. (S) 379