Jersey Unreported Judgments

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Cite as: [2001] JRC 18

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2001/18

ROYAL COURT

(Samedi Division)

19^th January, 2001

Before:

M.C. St. J. Birt, Deputy Bailiff, and Jurats Miles and Tibbo.

The Attorney General

-v-

Warren Paul Ellse

1 counts of:

being knowingly concerned in the fraudulent evasion of a prohibition on the importation of goods, 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.

[On 6th December, 2000, the accused pleaded not guilty to count 2, which plea the Crown accepted].

Age: 22

Plea: Guilty

Details of Offence:

On 24th April, 2000, the defendant using an alias arrived at the Airport and was stopped by Customs Officers. When invited into the interview room he absconded and ran off. He hid 3 nine ounce bars of cannabis which he had been carrying in his trousers underneath some bushes in the Airport car park area and made good his escape. The following day police officers were called to an incident. The defendant was the victim of an assault during which he suffered a fractured cheek bone. Police officers recognised the defendant as the person wanted by Customs and the defendant was arrested. The defendant made no admissions at interview regarding the cannabis which was recovered and made up a story about the £1,040 in cash found in an envelope in his trouser pocket. The defendant pleaded not guilty until five days before trial when he entered a guilty plea.

Details of Mitigation:

Bad upbringing; poor education; youth; had carried out importation to clear a debt; expression of remorse; had already served equivalent sentence of 1 year 1 month and 7 days.

Previous Convictions:

Defendant had 23 previous convictions comprising 70 offences including two for possession of amphetamine and cannabis.

Conclusions:

Count 1:

12 months' imprisonment; £1,040 confiscation order.

Sentence and Observations of Court:

Count 1:

15 months' imprisonment. Court disagreed that defendant should be given full one third discount for guilty plea taking into account the lateness of the change of plea

Mr S. Sharpe, Crown Advocate.

Advocate A.D. Hoy for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1. Ellse imported 755 grams of cannabis resin in order to clear a debt. He was stopped at the Airport but he ran away and tried to hide the cannabis which he was carrying. Fortunately he was caught and the drugs were recovered. Later on the defendant was beaten up, presumably by those to whom it was intended he should deliver the drugs.

2. Initially the defendant did not admit his guilt. He pleaded not guilty and a trial date was fixed for December. It was only five days before trial that he eventually accepted that he was guilty. In the circumstances he cannot expect the same level of credit for the guilty plea as he would have expected had he admitted his guilt from the outset. He has an appalling record for one so young, but he does have residual youth on his side in that he is only 22 and we have considered the social enquiry report and the other matters raised by Mr Hoy on his behalf. Nevertheless we think that the Crown has made too great an allowance in this case.

3. Stand up, please, Ellse. The sentence of the Court is one of 15 months' imprisonment and we order the forfeiture and destruction of the drugs.

Authorities

Campbell & Ors -v- A.G. (1995) JLR 136 CofA.

A.G. -v- Lavis (16^th May, 1997) Jersey Unreported.

A.G. -v- Turner (8^th December, 1995) Jersey Unreported.

A.G. -v- Cousins (10^th December, 1999) Jersey Unreported.