Jersey Unreported Judgments

 2001/96

ROYAL COURT

(Samedi Division)

 

3rd May 2001

 

 

The Attorney General

-v-

Catherine Batchelor

 

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 20th April, 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(4) of the Customs and Excise (Jersey) Law, 1999. Count 1: Diamorphine

 

Age:     26

 

Plea:    Guilty.

 

Details of Offence:

Batchelor was stopped upon her arrival at Jersey Airport and she admitted to carrying three packages containing either heroin or cannabis in her rectum.  She subsequently produced three packages which were all found to contain heroin.  The total quantity of the heroin was 80.52 grams containing an average of 50% by weight of diamorphine.  The street value of this quantity was between £24,156 and £36,234.  The local wholesale value was between £12,078 and £16,104.  In simplistic terms between £483 and £724 "50" bags could have been supplied on the streets of Jersey. 

Batchelor was in the position of a classic candidate for a drugs courier.  She was a heroin addict and claimed that pressure had been put upon her by her supplier to undertake the importation.  Threats to both her safety and that of her mother were claimed.  Admitted her role in the importation, but otherwise not as co-operative as she could have been.

The Crown moved for a starting point of 12 years imprisonment.   

 

Details of Mitigation:

A guilty plea although such a plea was inevitable.  She was of good character and therefore, a first offender.  She was also to credit for her relative youth.  She had not been particularly co-operative because this was the first time she had been arrested and was, therefore, very frightened.  She was, however,  very remorseful and it was a relief that she had been arrested and she viewed the inevitable sentence as being positive to assist her in beating her addiction.  Whilst in custody she had been diagnosed as suffering from Hepatitis C. 

Defence Counsel contended that in light of other cases, the correct starting point was between 9 and 10 years.  

 

Previous Convictions:

None.

 

Conclusions:

 

Count 1:

6 Years imprisonment

 

 

Sentence and Observations of Court:

The Crown's Conclusions were granted.  Persons who were concerned in the importation of substantial quantities of heroin which would contribute to the misery of persons in Jersey could only expect to receive substantial prison sentences.  The proper starting point in this case was 10 years and the proper and the proper allowance for the mitigation was 4 years.  The Court expressed the wish that Batchelor would use her time in custody profitably to rid herself of her drug addiction.

 

Sentence: 6 years' imprisonment. 

 

 

J. C. Gollop Esq., Crown Advocate.

Advocate L. Kerruish for the accused.

 

 

 

JUDGMENT

 

                                                           

THE BAILIFF:

1.        We say from the outset that we are going to grant the conclusions. Those who involve themselves in the importation of substantial quantities of heroin, contributing to the misery caused to families in Jersey must expect to receive substantial sentences of imprisonment.

2.        We think, however, that the proper starting point in this case is one of ten years' imprisonment and that the proper deduction for the mitigating factors is one of four years.

3.        Miss Batchelor, we have read your letter and the other papers put before us. You have caused great unhappiness to your mother, but we hope that you will continue to use your time in prison profitably, so that when you come out you can start again and keep away from drugs and from the evil people who deal in them.

4.        In the meantime we have to punish you for the offence which you have committed and we sentence you to six years imprisonment. We order the forfeiture and destruction of the drugs.

 

 

Authorities

AG-v-Schorah and Wright (22nd February 1999) Jersey Unreported; [1999/33];

AG-v-Holding and Rimmer (12th April 2001) Jersey Unreported; [2001/85];

AG-v-Presumé (1st November 2000) Jersey Unreported; [2000/213];

AG-v-Pitchley (25th November 1996) Jersey Unreported; [1996/222];

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