Jersey Unreported Judgments

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URL: http://www.bailii.org/je/cases/UR/2003/2003_036.html
Cite as: [2003] JRC 36, [2003] JRC 036

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[2003]JRC036

ROYAL COURT

(Samedi Division)

14^th February 2003

Before:

Sir Philip Bailhache, Bailiff, and Jurats Tibbo and Le Breton.

The Attorney General

-v-

Paul Stephen Harmon

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: cannabis.

Age: 26.

Plea: Guilty.

Details of Offence:

The defendant and his brother-in-law, having just arrived from Portsmouth, were stopped by Customs officers at the Elizabeth Harbour Ferry Terminal. Although both men stated that they had nothing to declare, an officer observed something protruding from underneath he jumper of the defendant, which the defendant admitted was cannabis. Both men were subsequently arrested and interviewed, but the brother-in-law was later released without charge. At the time of his detention the defendant had volunteered that he was carrying more cannabis in his trousers and it was later established that the total weight of the cannabis in his possession was just less than 2 kilograms of resin and 1.47 grams of herbal cannabis. At the time of the offence, the cannabis resin had a street value of £11,520 and a wholesale value of £8,000. The local street value of the herbal cannabis was £8. The following morning the defendant was interviewed and admitted that he had brought the drugs to Jersey to pay off a £2,000 drugs debt. He refused to name his supplier.

Details of Mitigation:

Co-operative with police; guilty plea; troubled upbringing.

Previous Convictions:

1 drugs' offence for which the defendant received a £50 fine for possession of cannabis resin. 16 other offences between 1993 and 1999, mostly relating to dishonesty.

Conclusions:

2 years' imprisonment.

Sentence and Observations of Court:

Conclusions granted.

C.M.M. Yates, Esq., Crown Advocate.

Advocate C. M. Fogarty for the Defendant.

JUDGMENT

BAILIFF:

1. This defendant imported into the Island approximately 2 kilograms of cannabis valued at between £8,000 and £11,500. He brought the drug to Jersey quite openly for commercial purposes in order to pay off a drug debt. He has a bad record of previous convictions, although only one relates to drugs. Applying the guidelines set out in Campbell & Others -v-A.G (1995) JLR 136, we agree that the appropriate starting point in this case is one of 30 months' imprisonment.

2. Harmon, in mitigation you were co-operative with the police, you pleaded guilty to the indictment and you are entitled to credit for those mitigating factors. You were, however, party to the trafficking of a significant quantity of cannabis and we have to impose a custodial sentence for that offence. We hope that you will take advantage of the time spent in prison to get over your addiction and that when you come out you will not involve yourself in drugs again. In the meantime the conclusions must be granted and you are sentenced to 2 years imprisonment. We order the forfeiture and destruction of the drugs.

Authorities

Campbell & 2 Others -v-A.G. (1995) JLR 136.

A.G. -v- Cooper-Woodcock (15^th September, 2000) Jersey Unreported; [2000/185].