Jersey Unreported Judgments

 2002/06

ROYAL COURT

(Samedi Division)

 

10^th January 2002

 

 

The Attorney General

-v-

Nathan Wesley Graham

 

Sentencing by the Superior Number of the Royal Court, to which the defendant was remanded by the Inferior Number on 7^th December, 2001, following a guilty plea 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 (Jersey) Law, 1999: count 1: 'crack' cocaine.

 

 

Age:     21.       

 

Plea:    Guilty.

 

Details of Offence:

The defendant was stopped at the airport by customs officials and searched.  23.19 grams of 'crack' cocaine was found to have been concealed internally by the defendant with a street value of £2,666 and a further 386 milligrams of untreated ('non-crack') cocaine was discovered in a pocket of a pair of jeans in the defendant's travelling bag with a street value of £31.  He was also carrying £250 in cash which he said had been given to him by the organiser of the trip.

 

Details of Mitigation:

The defendant's youth, drugs debt, had acted under threats made against him, his parents and his infant son.  He had been beaten up by gang in the past (old photos before Court).

 

Previous Convictions:

Some dishonesty; two for Class 'B' drugs possession.

Conclusions:

5 years' imprisonment; £250 confiscation order or 10 months' imprisonment, consecutive, in default of payment; starting point: 8 years; 3 year reduction.

 

Sentence and Observations of Court:

Conclusions granted.  The Court made it clear during hearing that, although pernicious, 'crack' would be regarded for sentencing purposes simply as a Class 'A' drug, within the guideline judgments.

 

 

C.E. Whelan, Esq., Crown Advocate.

Advocate N.J. Chapman for the Defendant.

 

 

 

JUDGMENT

 

 

 

THE COMMISSIONER:

1.        Graham arrived by air from Birmingham on 17^th October, 2001.  He was stopped by Customs Officers and lied to them as to his name and his intentions in coming here.  He denied carrying drugs although on the discovery of a piece of burnt tinfoil in his baggage he admitted to being a heroin user.

2.        The accused consented to being searched during which time he was found to have a knotted condom concealed in his rectum.  This contained 23.19 grams of 'crack' cocaine.  When this was discovered he admitted to having a further 386 milligrams of cocaine in the pocket of  his jeans.  He had £250 in cash in his possession.  This was a payment from his dealer.  Although he initially reserved his plea, he eventually pleaded guilty.

3.        The 'crack' cocaine which was discovered has a street value in Jersey of some £2,666, but its perniciousness lies in the fact that it can make for instant addiction.  The guideline Court of Appeal case of Rimmer, Lusk and Bade-v-AG (19^th July, 2001) Jersey Unreported [2001/148] sets the starting point for amounts of between 20 and 50 grams at between 8 -10 years.  We cannot of course depart from that recommendation by the Court of Appeal.

4.        There is nothing to prove that the accused was anything other than a courier, or 'mule', acting for a modest reward.  He did point out the small personal amount of cocaine in his jeans' pocket; he has little on his record relating to drugs and he is, of course, only 21 years old.

5.        Advocate Chapman has more than adequately covered all the mitigating factors and we have read the letter that Graham sent us together with the other letters and we have also seen the photographs which show something of the appalling danger which can go with being involved in the drugs scene.  Nevertheless - and despite Mr. Chapman's cogent argument - we are going to follow the conclusions of the Crown.  We cannot but agree with the starting point of 8 years.  Despite the most anxious consideration, no more than 3 years can be taken from that starting point.

6.        Stand up, please, Graham.  You are sentenced to 5 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].

Edwards (1992) 13 Cr.App.R.(S) 356.