Jersey Unreported Judgments

 2001/84

ROYAL COURT

(Samedi Division)

 

12^th April, 2001

 

 

The Attorney General

-v-

Roy Lawrence Durkin

 

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 1st March, 2001, following a 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.
2 counts of:	Possession of a controlled, contrary to Article 6(1) of the Misuse of Drugs (Jersey) Law, 1978: Count 2: heroin; Count 3: cannabis resin.

 

 

Age:     49

 

Details of Offence:

Count 1 - Following execution of a search warrant at premises solely occupied by Durkin, Police recovered from the centre of the lounge area, 378.30 grams of heroin (43% by purity weight) and a set of electronic scales.  Street value of drugs between £113,490 and £170,235 (or wholesale value between £70,050 and £75,660).  Sufficient to make between 2,268 and 3,402 "fifty" bags.  Prosecution sentenced on the basis that Durkin agreed to act as a minder for the drugs (subject to count 1) over night for benefit of a local drug dealer. 

 

Count 2 -  Police also recovered from the lounge area, 4 wraps of heroin containing a total of 4.35 grams of heroin 44% purity by weight with a combined street value between £1,406 and £2,258.      

 

Count 3 - Police also recovered from the lounge area, 1.78 grams of cannabis.

 

 

 

 

Details of Mitigation (Including domestic circumstances):

Guilty plea - of some value as Durkin might have shifted blame to co-accused arrested outside his flat (Co-accused dealt with separately by Magistrate).  Admitted during question and answer interview that he was the sole occupant of the flat.  His health (back injury in 1993 following car accident, unable to work for 8 years), family bereavements, remorse, efforts to de-toxify himself whilst in custody, apology to Court, intention not to use heroin again.

  

Previous Convictions:

Series of convictions for offences of dishonesty up to 4^th February 1982, thereafter a break in record until 1995 when convictions related solely to drugs. 

17^th  March 1995 bound over the Jersey Magistrate's Court for importing cannabis resin.

29^th March 1996 bound over by Jersey Magistrate's Court for 3 years for possession of cannabis. 

30^th October 1998 sentenced to 18 months' imprisonment by Royal Court following a finding of guilt in relation of possession of approximately 17 oz of cannabis resin with intent to supply (see Unreported Judgment 30^th October 1998).

 

Conclusions:

12 year starting point.

Count 1:	9½ years' imprisonment.
Count 2:	2 years' imprisonment, concurrent.
Count 3:	1 month's  imprisonment, concurrent.

 

TOTAL :  9½ years' imprisonment.

 

Sentence and Observations of Court:

Conclusions granted.

 

 

P. Matthews, Esq., Crown Advocate.

Advocate R. Tremoceiro for the accused.

 

 

 

JUDGMENT

 

THE BAILIFF:

1.        Durkin, you took it upon yourself to act as a minder of a very substantial quantity of heroin which in due course would, but for the actions of the police, have caused or continued the misery and degradation of drug users or addicts.   You were holding approximately 10,000 doses of heroin or nearly one for every family in the Island.

2.        Your counsel rightly accepted that the starting point taken by the Crown of 12 years' imprisonment was correct.

3.        We have given careful consideration to all the submissions made by your counsel, but we think that the mitigating circumstances have been given full weight by the Crown Advocate.

4.        The conclusions are granted and you are accordingly sentenced on count 1, to 9½ years' imprisonment; on count 2, to two years' imprisonment; on count 3, to one month's imprisonment, all concurrent, making a total of 9½ years' imprisonment and we order the forfeiture and destruction of the drugs.   

 

Authorities

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

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