Jersey Unreported Judgments

 2002/07

ROYAL COURT

(Samedi Division)

 

10^th January 2002

 

 

The Attorney General

-v-

Colleen Moy

 

Sentencing by the Superior Number of the Royal Court, to which the defendant was remanded by the Inferior Number on 23rd November, 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 (General Provisions) (Jersey) Law, 1999: Count 1: diamorphine.

 

 

Age:     27.       

 

Plea:    Guilty.  

 

Details of Offence:

The defendant imported a total of 128.4 grams of heroin concealed in her underwear and vagina.  Subsequent to her arrest she was co-operative at interview and admitted that she was a drug addict.  A urine test confirmed the presence of methadone, benzodiazepines, opiates, cannabis and cocaine.  The social enquiry and alcohol and drug reports revealed a sad background and latterly involvement in a violent and exploitive relationship.  She was vulnerable and claimed to have been put under considerable duress to import the drugs.  Her reward was to have been £1,000 which she said she would have put towards a rehabilitation programme.

 

Details of Mitigation:

Guilty plea, residual youth, quite powerful mitigation contained in various reports.

 

Previous Convictions:

22 convictions in the UK comprising 30 offences, 24 of which related to theft for which the defendant was sentenced to extensive probation and community service orders.  The defendant admitted that she stole to fund her drug habit.

 

Conclusions:

11 year starting point, 7 years' imprisonment.

 

 

Sentence and Observations of Court:

Conclusions granted.

 

 

Mrs. S. Sharpe, Crown Advocate.

Advocate H. Boléat for the Defendant.

 

 

 

JUDGMENT

 

 

THE COMMISSIONER:

1.        The defendant's explanation of why she had come to Jersey was not plausible.  She gave the name of a hairdressing salon in Torquay where she claimed to work.  This proved to be false and she eventually admitted that she was out of work.  She was carrying only £30 in cash.  She eventually admitted to carrying drugs in her underwear.  These were packages of heroin powder.  A medical examination revealed more heroin secreted in her vagina.  Without naming her supplier she explained how she had been persuaded to fly to Jersey with the drugs for reward and she pleaded guilty.  On analysis the first package was found to contain 95.95 grams of heroin with an average of 57% by weight diamorphine.  The second package contained 32.45 grams of heroin with an average of 62% by weight of diamorphine.   The  total weight of the two packages was 128.4 grams with a street value - for what it is worth - of between £38,520 and £57,780.

2.        The Court of Appeal in its guideline judgment in the case of Rimmer, Lusk and Bade-v-AG (19^th July, 2001) Jersey Unreported CofA [2001/148] has set down a starting point for 128 grams in the band of 10 to 13 years.

3.        The defendant did the run for money, no doubt to fund her addiction.  There are two versions of the facts given by her to the Probation Officer and to the Director of the Alcohol and Drug Service.  In our view, this has -despite the explanation given to us by Miss Boléat - little or no impact on sentencing.

4.        We should say that this is a very sad case.  As Miss Moy informed us in her letter:

"I have faced up to the fact that I am an addict, and that it is my addiction to drugs that has led to the crime I have committed."

5.        Miss Boléat was candidly able to tell us that she concurred with the sentence suggested by the Crown, and, indeed, we have no argument with the Crown's conclusions.  We must take this opportunity to congratulate the very alert Customs Officers in this and in all the other cases heard today for their vigilance.  We can only hope that Moy, who is only 27, will get some assistance whilst in prison to rid herself of her addiction.  Stand up, please.  As I have said we follow the conclusions of the Crown.  Starting at 11 years and taking into account all the available mitigation, the guilty plea, your youth, and the facts contained in the various reports, we are sentencing you to a term of 7 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].