Jersey Unreported Judgments

 2001/95

ROYAL COURT

(Samedi Division)

 

3rd May 2001

 

 

The Attorney General

-v-

David Vallois

 

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 30th March, 2001, following a guilty plea to the following charge:

 

1 count of:

Being knowingly concerned in the fraudulent evasion of the prohibition on the importation of a controlled drug, contrary to Article 61(2)(b) of the Customs and Excise (Jersey) Law, 1999. Count 1: Cannabis Resin.

 

Age:     25

 

Plea:    Guilty

 

Details of Offence:

Twenty four kilo's, street value of £142,500. Had gone with a friend to Granville in the latter's boat. While there he had collected the cannabis by arrangement with unknown others and brought it back to Jersey in the friend's boat. Neither the friend nor the other travelling companion knew what the accused was doing. The accused had been rewarded with about £1,000 worth of cannabis. The drugs were discovered by customs on the boats arrival. All three men were arrested: some two weeks later the accused exonerated his two companions.

 

Details of Mitigation:

Guilty plea, (although caught in flagrante). Some allowances made. First trafficking offence. Some youth mitigation. (In Court the accused claimed the importation had been performed in settlement of a drug debt. On authority, no mitigation.)  

 

Previous Convictions:

Motoring; public order; one previous conviction for possession of cannabis.

 

Conclusions:

 

Count 1:

5 Years imprisonment (starting point 8 years)

 

 

Sentence and Observations of Court:

 

Count 1:

Conclusions granted

 

 

C.E. Whelan, Esq., Crown Advocate.

Advocate R. Juste for the accused.

 

 

 

JUDGMENT

 

 

THE DEPUTY BAILIFF:

1.        This defendant has pleaded guilty to importing a substantial quantity of cannabis resin worth some £140,000 on the streets of the island. He has realistically accepted the starting point of eight years imprisonment and the inevitability of a long custodial sentence.

2.        Vallois, we have taken into account everything which your counsel has said on your behalf and the references which have been passed to us and indeed your own letter. However, you have let down your family and you have let down yourself and we hope that the efforts which you are making in prison will be continued.

3.        In the meantime we have to punish you for a commercial importation into which you went with your eyes open as to the likely consequences.

4.        The conclusions are granted, you are sentenced to five years' imprisonment and we order the forfeiture and destruction of the drugs.

 

Authorities

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

AG-v-McMahon (27th April 2000) Jersey Unreported; [2000/74].

AG-v-Stead (21st June 1993) Jersey Unreported; [1993/78]