Jersey Unreported Judgments

 2001/190

ROYAL COURT

(Samedi Division)

 

6th September 2001

 

 

The Attorney General

-v-

Amanda Jane Cooke

 

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 16^th July, 2001, following a guilty plea to the following charges:

 

1 count of:

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

 

Age:     28.       

 

Plea:    Guilty.  

 

Details of Offence:

On 6^th May, 2001, Cooke was apprehended at the Elizabeth Ferry Terminal at St. Helier and, upon being searched, it was discovered that she was concealing 3,152 ecstasy tablets.  She knew that she had attempted to import ecstasy tablets and she was also aware that it was illegal to do so.  The tablets were concealed inside her underwear.  The accused was a heroin addict of many years standing and explained frankly at interview that she was in debt in relation to her drug usage.  It was the hope of repaying her debt which drove her to agree to act as a courier for the drugs.

 

Details of Mitigation:

The accused had been in the same relationship for 14 years with a manipulative and violent man.  She was the mother of two children about whom she was very worried.  She had been used as a "mule".  She had pressure to pay her drugs debt which was in the region of £350.  The man arrested with her on the boat, Harris, was really the person who had orchestrated the crime and she was under his control.  Therefore the Could should properly regard Cooke's involvement as de minimus since Harris was the person who had organised the whole event.  She was an immature woman.  An appropriate starting point for the offence was 8 years and with appropriate discounts for the guilty plea and other matters referred to by the Crown, the defence moved for a sentence of 3 years' imprisonment.

 

Previous Convictions:

There was a significant record of offences involving dishonesty stretching back 6 years.  Such offending appears to have been linked to her drug addiction.

 

Conclusions:

 

7 years' imprisonment (11 year starting point).

 

Sentence and Observations of Court:

Whatever the precise monetary value of the drugs, this was a substantial quantity of ecstasy tablets and from the public point of view the Court could not ignore this fact. The accused went into this venture with her eyes open and knew that the importation of drugs into Jersey was illegal.  She did so to pay her debts.  The Court was aware of the fact that 3,152 ecstasy tablets would be enough to supply each night club user in Jersey with one tablet on a Saturday night.  The Court considered that the starting point for crimes of this nature was 10 years and applying the same degree of discount the Crown had arrived at a sentence of 6 years' imprisonment.  The Court made an order for the forfeiture and destruction of the drugs.

 

 

M. St. J. O'Connell, Esq, Crown Advocate.

Advocate Mrs S.A. Pearmain for the accused.

 

 

 

JUDGMENT

 

 

THE BAILIFF:

1.        This defendant has admitted importing into the island 3,152 tablets of ecstasy with a street value of between £37,000 and £47,000.  The wholesale value is, we are told, between £18,000 and £31,000.  Whatever, the precise value of the ecstasy, this was, on any view, a substantial importation of a class A drug. 

2.        The defendant went into the transaction with her eyes open in the knowledge that it was illegal.  Her purpose was to earn money to set off against her debts.  Defence counsel has urged that the defendant was only a 'mule'.  She was in such fear of her supplier that she was prepared to risk carrying the drugs for only £100.  Counsel also submitted that the defendant was immature, notwithstanding her 28 years. 

3.        From the public point of view, however, we cannot ignore the very substantial quantity of drugs which the defendant imported, probably enough, indeed, to supply at least one tablet to each night clubber in Jersey on a Saturday night.  We take account of the much quoted paragraph in the Judgment of the Court of Appeal in Campbell-v-AG, that in considering the starting point to be adopted, much will depend on the amount and value of the drugs involved, the nature and scale of the activity and, of course, any other factors showing the degree to which the defendant was concerned in drug trafficking. 

4.        We have taken account of the submissions of defence counsel and we have reached the conclusion that the appropriate starting point in this case is one of ten years' imprisonment.  We apply the same reductions as moved for by the Crown Advocate, in relation to the mitigating factors.  The sentence of the Court is that you will go to prison for six years for the offence to which you have pleaded guilty and we order the forfeiture and destruction of the drugs.  

 

Authorities

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

Campbell and Ors-v-AG (1995) JLR 136 CofA.

AG-v-Noon and Anor. (2^nd August 2001) Jersey Unreported; [2001/172].