Jersey Unreported Judgments

 2002/98

ROYAL COURT

(Samedi Division)

 

14^th May 2002

 

 

The Attorney General

-v-

Phillip John Boden

 

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 5th April, 2002, 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: MDMA.
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: MDMA.

 

 

Age: 22

           

Plea: Guilty.    

 

Details of Offence:

Boden was found with 1,169 ecstasy tablets in a hotel room in St.Helier.  He admitted that he had imported them into the island two days previously.

 

Details of Mitigation:

The Crown accepted that he was not a willing participant in the enterprise and did not stand to make any financial gain.  His life had been threatened if he did not agree to import the drugs.  He has no previous convictions for drug related offences.  He had been co-operative with the authorities to the extent of providing them with names of alleged dealers and this was acknowledged in open Court.  Youth.

 

 

 

 

Conclusions:

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

 

 

Sentence and Observations of Court:

Count 1:	3 years' imprisonment.
Count 2:	3 years' imprisonment, concurrent.

 

A starting point of nine years was appropriate which, in the absence of Boden's co-operation, would have led to a sentence of six years' imprisonment.  However, by acknowledging having provided information to the Police in open Court he was entitled to a further deduction, making a total of three years' imprisonment on each count concurrent.

 

A. R. Binnington Esq., Crown Advocate.

Advocate Mrs S. A. Pearmain for the accused.

 

 

 

JUDGMENT

 

 

THE DEPUTY BAILIFF:

1.        This defendant imported 1,669 tablets of ecstasy into the island.  He was not stopped at the time, but was arrested a couple of days later when still in possession of the drugs, prior to passing them on to the recipient of the drug run.  The case of Bonnar suggests a starting point of between nine and eleven years' for 1,000 to 2,500 tablets.  We agree with the Crown that the correct starting point in this case, having regard to the amount and to his rôle, is one of nine years'.

2.         Mrs Pearmain has put forward considerable mitigation: his guilty plea, which we agree is of value in this case; there is his youth - he is only 22;  he has no previous convictions for drug offences; it is accepted by the Crown that he did not undertake this run willingly, or for reward; most importantly, the social enquiry report shows that there is a very good side to this young man and it is supported by the excellent references we have been handed which show that he has previously worked as carer, to the complete satisfaction of his employers.

3.        Finally, we come to an additional piece of mitigation.  Mrs Pearmain has been instructed, on Boden's behalf, to acknowledge in open Court that he has given useful information to the police, concerning this operation and those who organised it.  This Court has repeatedly said that where accused persons give assistance to the police authorities about those who have organised drug trafficking in the island and particularly where they acknowledge that in open Court, this Court will reflect that in the sentence passed. 

4.        We are of the view in the light of all of this mitigation, including, most importantly, the acknowledgment of the provision of information, that we must make a larger deduction than the Crown - the conclusions of which were moved in the absence of such open acknowledgement - and a larger deduction than that suggested by defence counsel.  In our judgment the correct overall deduction is one of six years'.  The sentence of the Court is one of three years' imprisonment, concurrent on each count and we order the forfeiture and destruction of the drugs.  

 

Authorities

Rimmer and Ors -v- AG [2001] JLR 373 CofA.

Bonnar and Noon -v- AG [2001] JLR 626 CofA.