Jersey Unreported Judgments

2002/213

ROYAL COURT

(Samedi Division)

 

4^th November, 2002

 

 

The Attorney General

-v-

Kenneth Paul Anthony Patrick

 

Sentencing by the Superior Number of the Royal Court, to which the Defendant was remanded by the Inferior Number on 13^th August, 2002, following guilty pleas to:

 

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 (General Provisions) (Jersey) Law 1999:
	Count 1: cocaine.
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 2: cocaine.

 

Age:     37

 

Plea:    Guilty

 

Details of Offence:

The defendant flew to Jersey from Birmingham with cocaine concealed internally.  He booked into a hotel in St Helier and unpackaged the drugs.  He mixed the drug residue from the packaging into a cup of coffee and drank it.  The ingestion of cocaine caused him to become violently ill and he was discovered in the hotel lobby frothing at the mouth.  He was taken to hospital and Police who were called to the hotel discovered 61.44 grams of cocaine in Patrick's room.  Patrick was arrested at the hospital.

During subsequent interview the defendant volunteered that he had imported the cocaine into the Island and was to be paid £1,000.00.  He also admitted having carried out a similar courier service on a prior occasion, having been paid £1,200.00.  The cocaine seized had a street value of £4,915.20 and a wholesale value of £3,932.16.

 

Details of Mitigation:

Guilty plea, full co-operation with police from an early stage, essentially wrote his own indictment in relation to Count 1, no previous drug convictions, remorse, excellent previous character and references.

 

Previous Convictions:

Minor miscellaneous motoring offences, breach of peace by fighting, and larceny.

 

Conclusions:

 

Count 1:	5 years' imprisonment.
Count 2:	5 years' imprisonment; concurrent.

 

Starting point: 9 years imprisonment.

 

Sentence and Observations of Court:

 

Count 1:	4½ years' imprisonment.
Count 2:	4½ years' imprisonment; concurrent.

 

Court agreed Crown's starting point and indicated that the defence argument for a lower figure was untenable.  Court stated that this was a puzzling case as Patrick did not need the money and was hardworking.  Court thought to deduct a further 6 months due to the excellent character references.  Confiscation Order granted in the sum of £1,575.74.

 

C.M.M. Yates, Esq., Crown Advocate.

Advocate R. Tremoceiro, for the Defendant.

 

 

 

JUDGMENT

 

 

THE DEPUTY BAILIFF:

1.        You imported 61 grams of cocaine with a street value of nearly £5,000.  You did that for a fee of £1,000.  That would no doubt have caused further addiction and suffering among the young people of Jersey.

2.        We agree with the Crown that the starting point is 9 years and we think that the submission that this is an exceptional case is untenable.  Turning to mitigation, there is your guilty plea; there is the fact that you have no previous convictions for drugs, indeed you only have one or two very minor previous convictions.  We are satisfied that you are remorseful; the enquiry report says that you are at low risk of re-offending, and that you were very forthcoming about what had happened. 

3.        We have to say we find this a puzzling case. You are not a drug addict; you have no debts; you were a successful self-employed gardener in Jersey; and we have received a large number of references from clients and friends who all speak of your honesty, your hard working nature and your trustworthiness.  You left to return to Scotland for family reasons in December, 2001, and it would seem that your gardening business was going well up there.  You also work, part-time, with your brother-in-law selling cars.  You appear to have no financial problems.  You were coming to Jersey to see your girlfriend and yet you agreed at the last moment, - the night before - to bring in these drugs for a friend for a fee of £1,000.  We find it hard to see any explanation other than that you succumbed to the temptation of what you saw as easy money.  Nevertheless, we have been impressed by the references which you have produced, which show that what you did is out of character.

4.        In all the circumstances we think that marginally greater allowance can be made for the additional mitigation.  The Crown has already allowed one third for the guilty plea, and it allowed 1 year for all other mitigation.  We think that that can be increased to 1½ years.  The sentence of the Court therefore, is that you be sentenced to 4½ years' imprisonment concurrent on each count and we order the forfeiture and destruction of the drugs.

Authorities

Rimmer, Lusk & Bade -v- A.G. (2001) JLR 373.