Jersey Unreported Judgments

 2001/170

ROYAL COURT

(Samedi Division)

 

2^nd August 2001

 

 

The Attorney General

-v-

Collette Julia Price

 

Sentencing by the Superior Number of the Royal Court, following guilty pleas to the following charges:

 

First Indictment

 

1 count of:	Being knowingly concerned in the fraudulent evasion of the prohibition on the importation of a controlled drug contrary to Article 61 of the Customs and Excise (Jersey) Law 1999: 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.

 

Second Indictment

 

1 count of:	Being knowingly concerned in the fraudulent evasion of the prohibition on the importation of a controlled drug contrary to Article 61 of the Customs and Excise (Jersey) Law 1999: Count 1:heroin.
1 count of:	Supplying a controlled drug, contrary to Article 5 (d) of the Misuse of Drugs (Jersey) Law 1978 Count 2: heroin.

 

Age:     28        

 

Plea:    Guilty

 

Details of Offence:

 

First Indictment - Count 1

On 20^th January, 2001, Price imported 134.34 grams of heroin with an average purity of 54% weight diamorphine (street value between £40,302 and £60,453; local wholesale value between £20,151 and £26,868).  The heroin was concealed internally.

 

Count 2

Price also concealed internally 2.49 grams with average purity of 54% weight of diamorphine (street value between £747 and £1,120) Crown accepted this was a personal quantity.

 

 Second Indictment

Count 1 - On 30^th November, 2000, three packages containing a total 384 grams of heroin were recovered from the home address of Roy Lawrence Durkin (see Jersey Unreported Judgments 12^th April, 2001, [2001/84]).  Forensic testing was undertaken and DNA evidence suggested that Price had been in contact with the packaging in which the heroin was found.  Prosecution sentenced on the basis of Price's admissions that she had imported two (of the three) packages.  The two smaller packages had a combined weight of 185.3 grams of heroin, between 43% and 45% weight diamorphine, with a street value of between £55,590 and £83,385 or wholesale price between £27,795 and £37,060.  Price supplied the drug to a third party when she arrived in Jersey. 

Total weight of the heroin imported by Price on 30^th November, 2000 and 20^th January, 2001 amounted to 319.64 grams of heroin.  Total street value of between £94,589.20 and £143,838 (these weights and prices exclude the importation of the 2.49 grams which the prosecution accepted was for personal use).

 

Details of Mitigation:

Guilty plea (inevitable in relation to count 1 on the first indictment but valuable in relation to the counts on the second indictment); admissions and compelling matters set out in background and alcohol and drugs service report.

 

Previous Convictions:

Four theft and kindred offences (1995-2000), one public disorder offence (1996), one breach of conditional discharge (1997), two cautions, one of which a caution for possessing heroin.

 

Conclusions:

 

First Indictment

Count 1:	8 years' imprisonment. (13 year starting point after allowing for mitigation).
Count 2:	1 year imprisonment.  (starting point not applicable.)

 

Second Indictment

Count 1:	7 years' imprisonment.  (12 year starting point after allowing for mitigation)
Count 2:	7 years' imprisonment, all concurrent.  (12 year starting point after allowing for mitigation)

 

TOTAL: 8 years' imprisonment.

 

Sentence and Observations of Court:

Conclusions granted.

 

 

 

P. Matthews, Esq., Crown Advocate.

Advocate R. Juste for the accused.

 

 

 

JUDGMENT

 

 

THE BAILIFF:

1.        Drug trafficking of class A drugs, in particular on a commercial basis, is regarded in this island as a very serious crime.  Addiction to heroin has blighted your life, as you know, and yet you were prepared to spread the misery caused by heroin by bringing large quantities of it into the island, in the knowledge of the degradation and damage which it would cause to other young people here. 

2.        As to the approach to be adopted in the unusual circumstances of an offender being sentenced for two separate episodes of importing class A drugs, we agree with the approach adopted by the Crown.

3.        Miss Price, we have read carefully the letters which have been put before us by your counsel and listened very carefully to everything that she has said on your behalf.  We think that you have received some wise advice from your grandmother and we hope that you will take advantage of the time which you are going to spend in prison to obtain qualifications and improve yourself, so that when you come out of prison you will be able to contribute to the life of your child and to lead a life which is worthwhile.

4.        In the meantime, the conclusions must be granted.  On the first indictment we adopt a starting point of thirteen years' imprisonment - this was the second occasion upon which a large quantity of heroin was brought into Jersey.  We think that the Crown has made as generous an allowance as was possible for the mitigating factors of your guilty plea, the admissions that you have made to customs officers and all the factors set out in the background reports which we have seen. 

5.        You are sentenced, therefore, on the first indictment, count one to eight years' imprisonment, on count 2 to twelve months' imprisonment, concurrent.  On the second indictment, on count one to seven years' imprisonment, on count two to seven years' imprisonment.  All those sentences to run concurrently, making a total of eight years' imprisonment and we order the forfeiture and destruction of the drugs.  

Authorities

Rimmer & Ors-v-AG (19^th July 2001) Jersey Unreported CofA; [2001/148].

Harris-v-AG (19^th July 2001) Jersey Unreported CofA; [2001/150].