Jersey Unreported Judgments

 2002/240

ROYAL COURT

(Samedi Division)

 

16^th December 2002

 

 

The Attorney General

-v-

Barry Edward Akers;

Paul Anthony Green.

 

Sentencing by the Superior Number of the Royal Court, to which the defendants was remanded by the Inferior Number on 22^nd November, 2002, following guilty pleas to the following charges:

 

Barry Edward Akers

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: diamorphine.

 

Age:     46.

 

Plea:    Guilty.

 

Details of Offence:

Akers had been observed sending a registered package to an address in Liverpool.  The registered packet was intercepted and found to contain £2,900 in used notes, wrapped in carbon paper.  The delivery address was later found to be false.  A second package was intercepted some days later, containing £620 wrapped in a similar fashion.  A few days later Green was observed standing outside the Sandringham Hotel wearing a suit and carrying a suitcase.  Akers stopped to collect him, placing his suitcase in the boot of the vehicle.  Both men were arrested and cautioned.  Green later produced two cylindrical packages from his rectum which weighed a total of 107.82 grams and contained heroin, 48% pure. The maximum street value was £48,519.  Akers was uncooperative at interview.  Green was cooperative but declined to name the organiser.  He knew that he was carrying illegal drugs - either cocaine or heroin - and had agreed to cancel a debt owed by his brother.  Akers admitted to being a heroin addict.

 

 

Details of Mitigation:

Guilty plea. Unsophisticated - put his own name and address on the back of the registered packets.  Pawn in the scheme.

 

Previous Convictions:

Four previous convictions involving drugs, although only two recently in 1998 and 2001. 

 

Conclusions:

7 years' imprisonment. (11 year starting point).

 

Sentence and Observations of Court:

Conclusions granted.

 

 

Paul Anthony Green

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 2: diamorphine.

 

Age:     22.

 

Plea:    Guilty.

 

Details of Offence:

See above.

 

Details of Mitigation:

Pure "mule".  Carried out importation following series of threats to the family. Younger brother had debts.  Not involved in planning the venture.  Extremely naïve.  Cooperative at interview.  Had been seeking admission to the Army immediately prior to the importation.  Accepted responsibility and will lose his young adulthood in prison.  Court asked to exercise mercy.

 

Previous Convictions:

No prior convictions for drugs offences. 

 

Conclusions:

6 years' imprisonment (10 year starting point).

 

Sentence and Observations of Court:

Conclusions granted.

Mrs S. Sharpe, Crown Advocate.

Advocate P.D. James for B.E. Akers.

Advocate C.R.G. Deacon for P.A. Green.

 

 

 

JUDGMENT

 

THE commissioner:

1.        In this sentencing case we will follow the guideline decisions of the Court of Appeal in Rimmer Lusk and Bade -v- AG [2001] JLR 373 CofA.  In that case, bands were set out as a guideline which were not, as the Court explained, to be treated as if embodied in a statute.  The weight of the drug is a principal factor for establishing the appropriate figure for the starting point but that is not the only factor.  We have to consider the accused's involvement in the venture, for example whether he is an organiser or a courier.  We must proceed on the accused's account unless it passes belief or there is a call for a Newton Hearing.  We must also examine any mitigation available in each case.

2.        The packages found on Green were analysed by the Official Analyst and confirmed as weighing 50.56 grams and 57.26 grams, or 48%, by weight of diamorphine.  For what it is worth, the local street price of 50.56 grams is between £15,168 and £22,752.  The local street price of 57.26 grams is between £17,178 and £25,767.  So the maximum street value of both packages is £48, 519.

3.        Green was clearly acting as a courier and not as an organiser.  He claims, and we accept it, that he was carrying the drugs to help his younger brother and not for financial gain, so that the debt of his brother would be cancelled.  Green had been given careful directions before he travelled to Jersey from Birmingham. 

4.        On the information supplied to us by the Crown Advocate it is clear that Green was a cog in an extremely well organised scheme which would have succeeded had it not been for the vigilance of local police and customs officers, who are to be recommended for there professionalism.  At the end of the day this Court has some sympathy for Green, but, had this run succeeded, a large amount of this pernicious drug would have come onto the island. 

5.        We have listened most carefully to the cogent arguments of both counsel.  We agree that there is naivety on the part of both accused, for, as Advocate James has said, Akers put his name and address on each of the packages.  Both accused were gullible and each has mitigation to advance.  The Court has given careful consideration to the matter but feels that the conclusions of the Crown, both as regards the starting point and the conclusions, are right.  We feel that all the mitigating factors have been fully allowed for by the Crown and therefore Green, you are sentenced to six years' and Akers to seven years' imprisonment.  The drugs will be forfeited and destroyed.

 

Authorities

Whelan: Aspects of Sentencing in the Superior Courts of Jersey (2^nd Ed'n): pp. 19-21; 37-40; 133.

Campbell and 2 others [1995] JLR 136 CofA.

Rimmer and 2 others [2001] JLR 373 CofA.