Jersey Unreported Judgments

2002/187

ROYAL COURT

(Samedi Division)

10^th October, 2002

The Attorney General

-v-

Susan Elizabeth Selway

Sentencing by the Superior Number of the Royal Court, to which the defendant was remanded by the Inferior Number on 12th July, 2002, following a guilty plea to:

Age:     27.

Details of Offence:

Selway approached a Customs Officer after disembarking from a flight from Bristol to ask whether she could obtain a taxi outside the airport.  The Customs Officer took the opportunity to ask Selway questions relating to her travel.  She initially denied having any prohibited drugs but later admitted that she was carrying drugs.  Selway produced an oblong shaped package from beneath her clothing containing diamorphine.  She indicated that she would not consent to an internal examination, however, she would consent to an x-ray being conducted.  Later that afternoon, whilst awaiting an examination by the police doctor, she admitted to having a further package concealed internally.  The police doctor removed a further oblong shaped package containing diamorphine.  The two packages found on Selway weighed a total of 248.54 grams with a total street value of between £74,562.00 and £111,842.00.

Details of Mitigation:

Co-operative and pleaded guilty at the outset although she had little choice in the circumstances.  No criminal record to speak of and in particular, no prior conviction for an offence involving drugs.  Treated effectively as a first time offender.  Difficult background as evidenced by Social Enquiry Report and the Psychological Report.  Described as naïve and gullible.

Conclusions:

Sentence and Observations of Court:

A.D. Robinson, Esq., Crown Advocate;

Advocate C.M. Fogarty for the Defendant.

JUDGMENT

The Commissioner:

1.        When Selway was stopped at the airport on the morning of Tuesday 28^th May, she admitted carrying drugs after about an hour of investigation.  Sometime in the early afternoon an oblong shaped package was produced from her clothing.  Later on while awaiting an examination by the police surgeon, Dr. Mandy Johnson, she admitted to a further package within her body.  Dr Johnson subsequently removed a further oblong package.  The package contained heroin in a total of 248.54 grams with a total wholesale value of £49,708 and a street value of between £74,562 and £111,842.

2.        The average purity was only 13% but that of course would not affect the street value.  Purity is not analysed by heroin addicts.  Clearly Miss Selway was a mule; she owed money and she believed that this trip would cancel her debt.  We have no argument with the Crown's starting point of 11 years following the guide line judgment of Rimmer, Lusk and Bade -v- A.G. [2001] JLR 373 CofA.  We agree with the dicta in Campbell & Others -v- AG (1995) JLR 136 CofA that much will depend upon the amount and value of the drugs involved; the nature and the scale of the activity, and of course any other factors showing the degree to which the defendant was concerned in drug trafficking.

3.        We have to say that this was a large scale operation and in our view the defendant had a high degree of involvement but there is much mitigation.  The social reports reveal a sad and sorry background.  We can even accept that she thought she was carrying cannabis powder.  We are very concerned at the fear which was brought to bear upon her in order to pressure her into carrying out this importation, but the amount of heroin is great, and the harm that it might have done is potentially enormous.  Despite all that Advocate Fogarty has so clearly said we are unable to fault the Crown Advocate's conclusions, and therefore you are sentenced to 6 years' imprisonment, and we order the forfeiture and destruction of the drugs.

Authorities

Whelan: Aspects of Sentencing in the Superior Courts of Jersey (2^nd Ed'n): pp.19-21;37-40.

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

Rimmer, Lusk and Bade-v-AG [2001] JLR 373 CofA.