Jersey Unreported Judgments

2001/229

ROYAL COURT

(Samedi Division)

 

14^th November 2001

 

 

The Attorney General

-v-

Shamin Ahmed

 

Sentencing by the Superior Number of the Royal Court, to which the Defendant was remanded by the Inferior Number on 12th October, 2001, following a guilty plea to:

 

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.

 

 

Age:     25        

 

Plea:    Guilty

 

Details of Offence:

Defendant stopped by plain clothed Police Officers in routine stop check.  Defendant found to be in possession of an envelope containing £3,460 in cash.  A further sum of £408.60 in cash was found in Defendant's pocket (the latter amount subsequently confirmed as being his wages).  Defendant also found to be in possession of a cheque book and credit card in the name of a third party.  Defendant arrested on suspicion of being in possession of stolen property.  At Police Headquarters whilst being taken to cells, Defendant took a bag from his shirt pocket which he threw into a basin near the custody area.  Bag found to contain 223 wraps of heroin.  A further 6 wraps were found in the sink.  Total weight: 22.086 grams of heroin.  Street value of between £6,624 - £9,936.  In interview Defendant claimed he had been acting as a minder and courier in exchange for a job as a chef.

 

Details of Mitigation:

25 years old - not of good character but no previous convictions for drugs.  He was only a minder and courier - he wanted to stay in Jersey.  His only reward for the drugs run was a job and he only minded the drugs for one night - he was not bringing drugs into Jersey.  Starting point too high - prosecution failed to take sufficient account of guilty plea - throwing drugs away was an act of desperation - identified supplier - whether information is valuable not an issue - he did not know its value when he gave information.  Insufficient weight given to this by the prosecution.  Defendant made a bad mistake simply to get a job.  Court should in all circumstances reduce conclusions and impose sentence of 5 years.

 

Conclusions:

6½ years' imprisonment.  (8½ years starting point).

 

Sentence and Observations of Court:

Conclusions granted.

Court agrees that starting point of 8½  yeas is correct in line with A.G-v-Rimmer.  Crown had given sufficient discount for guilty plea.  Order that drugs be confiscated and destroyed.

 

 

 

D.E. Le Cornu, Esq., Crown Advocate.

Advocate Mrs. S.A. Pearmain for the Defendant.

 

 

 

JUDGMENT

 

 

THE COMMISSIONER:

1.        On Monday, 13^th August, 2001, Ahmed was stopped by plain clothes police officers in Belmont Road.  A large amount of money, a chequebook and a credit card in the name of 'A. Razal' was found in his possession.  Whilst being searched at Police Headquarters he took a plastic bag out of his shirt and threw it into a basin near the custody area.  The bag contained 229 wraps of heroin.  25 more wraps of heroin were found in his shirt pocket.  The heroin had an average of 37 per cent by weight of diamorphine.  The street value was between £6,624 and £9,936, with a wholesale value of between £3,312 and £3,753.60.

2.        Ahmed came up with a story which is strong in implausibility.  He told the police that a man called Abi, who lived somewhere in England, had offered him a job at an Indian takeaway in Brighton Road.  He was to collect a bag from 'The Viceroy Restaurant' in Bath Street, where Ahmed worked, and was given free accommodation.  He was told to take the packet to Abi's brother.  The money was the payment and he was to drop the drugs in a letterbox at the airport when he left the Island.  Ahmed had airline tickets but in what he claimed was his brother's name.

3.        Ahmed is 25 years old; his youth is a mitigating factor.  He is not of good character but none of his previous offences are drug related.  Ahmed was both minder and courier.  He was clearly trusted, if his story is credible, in that he received payment for the drugs and was to have posted them from the airport to the third party. He was to have given the proceeds to Abi in England when he returned there.

4.        This is a filthy trade and we have no doubt that Ahmed knew precisely what he was carrying as shown by his desperate attempts to throw some of the drugs away when he was taken to Police Headquarters.

5.        The Court of Appeal in Campbell & Ors-v-AG (1995) JLR 136 CofA made it clear that no distinction can be drawn between types of trafficking offences: that is between the importation of drugs and the possession with intent to supply drugs.  Again, in that case, the Court said at p.145 para 35:

"In our judgment, a courier who knowingly transports illegal drugs must be taken to accept the consequences of his actions."

6.        Mrs. Pearmain has asked us to distinguish between a courier, a minder and someone who brings drugs into Jersey.  We can see no distinction.  Ahmed had apparently named Abi as his supplier but - and we have questioned the Crown Advocate on this point - nothing whatsoever came of that information.  We do not feel that the passage referred to in paragraph 4 of AG-v-Trinidade (20^th July, 2000) Jersey Unreported, which she read to us is in point.

7.        We have carefully considered the Court of Appeal judgment in Rimmer & Ors-v-AG (19^th July, 2001) Jersey Unreported; AG-v-Muat (16^th March, 1998) Jersey Unreported and Trinidade.  We agree with the learned Crown Advocate, taking into account the factors in Rimmer, that the trafficking of 22.08 grams of heroin should attract a starting point of 8½ years.

8.        Ahmed has pleaded guilty.  We cannot see that there was any alternative.  As we have said, he does not have a significant record and nothing drug related, but he is not a man of good character.  We feel, after very careful consideration, that the Crown has more than adequately allowed the mitigating factors and we will follow the Crown's conclusions.

9.        Stand up, please, Ahmed.  You are sentenced to 6½ years' imprisonment and we order that the drugs be forfeited and destroyed.

 

 

Authorities

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

AG-v-Welsh (3^rd February, 2000) Jersey Unreported; [2000/21].

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

AG-v-Trinidade (20^th July, 2000) Jersey Unreported; [2000/141].

AG-v-Muat (16^th March, 1998) Jersey Unreported; [1998/52].