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Cite as: [2002] JRC 4

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2002/4

ROYAL COURT

(Samedi Division)

10^th January 2002

Before:

F.C. Hamon, Esq., O.B.E., and Jurats Potter, Quérée, Le Brocq, Tibbo, Bullen and Allo.

The Attorney General

-v-

Deborah Elizabeth Bailey.

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 14th December, 2001, following a guilty plea to the following charges:

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: 28

Plea: Guilty.

Details of Offence:

Sopped at airport, 99.5 grams in total in heel of boot and in vagina. Large quantity and high purity £30,000 to £45,000 street value.

Details of Mitigation:

Guilty plea throughout and co-operative. Tragic death of boyfriend whilst she was driving.

Previous Convictions:

Death by careless driving, 3 possessions of drugs (1 class A).

Conclusions:

Count 1:

5 years' imprisonment.

Starting point 11 years reduced to 5 years after special mitigation, not setting precedent.

Sentence and Observations of Court:

Count 1:

Conclusions granted.

Starting point: 11 years' reduced to 5, after special mitigation, not setting precedent.

N.M. Santos-Costa, Esq., Crown Advocate.

Advocate R. Tremoceiro for the accused.

JUDGMENT

THE commissioner:

1. Bailey was apprehended at the airport on the 30^th October last year. She denied having anything to declare to customs but in a subsequent search she voluntarily handed in two packages wrapped in condoms from the heel of her left boot. She admitted that these were heroin. She later admitted to having three further packages hidden in her vagina. These, apparently, would not have been discovered by customs as they had not intended, once the first disclosure had been made, to take the matter further.

2. She said that she imported the heroin from fear of threats made by persons whom she did not name. The heroin had a total weight of 99.5085 grams and this had an average purity of 87.4%, which was, of course, a very high purity indeed. The street value, for what it is worth, was found to be between £29,844 and £44,766.

3. She pleaded guilty and has been in custody for some two and a half months. She is 28 years' old and is now dependent on heroin. We fully appreciate the trauma which resulted from the death of her fiancé in the car that she was driving when that car ploughed into an unlit parked scaffolding lorry, and the threat, which these unnamed drug dealers used to persuade her to carry the drugs, we have to say, was of the most unpleasant kind.

4. We regard this case as totally exceptional. The facts of this case demonstrate precisely the reason why the Court of Appeal has said that each case decided in this Court - whilst it is bound by the Court of Appeal's guideline judgments - must turn eventually on the facts of that particular case.

5. We agree with the Crown that the appropriate starting point is eleven years'. Whilst we have a duty to do everything possible to deter others concerned in this filthy trade from bringing drugs into Jersey we can look at this case in a particular light. So, Bailey, we are following the conclusions of the Crown, but you will be sentenced to five years' imprisonment and we order the forfeiture and destruction of the drugs.

Authorities

Rimmer, Lusk and Bade -v- AG (19^th July 2001) Jersey Unreported CofA; [2001/148]