Jersey Unreported Judgments

[2003]JRC061

ROYAL COURT

(Samedi Division)

 

3^rd April 2003

 

 

The Attorney General

-v-

Victor José Sequeira Amorim

 

Sentencing by the Superior Number of the Royal Court, to which the defendant was remanded by the Inferior Number on 7^th February, 2003, following guilty pleas to:

 

1 count of:	Possession of a controlled drug, contrary to Article 6(1) of the Misuse of Drugs (Jersey) Law, 1978: Count 1: diamorphine.
1 count of:	Possession of a controlled drug, with the intent to supply contrary to Article 6 (2) of the Misuse of Drugs (Jersey) Law, 1978: Count 2: diamorphine.

 

 

Age:     22.

 

Details of Offence:

Police Officers had attended at Amorim's place of work acting on information received and had asked him if he had any drugs.  He took them to his locked tool box and indicated a bag of brown powder which turned out to be a small quantity (45 milligrams) of heroin for personal use, value approximately £25.00.  In the process of a search of the entire premises Officers found 17.69 grams of heroin on a cabin cruiser in the forecourt of the workplace.  Amorim denied any knowledge of these drugs.  This was a significant quantity with a street value of £3,900 and £5,200.  The Police considered that Amorim was selling underweight gram amounts of heroin and was more than a low level street dealer.

 

Details of Mitigation:

Amorim had the benefit of residual youth and had no previous convictions whatsoever.  His guilty plea was of benefit.  Most significantly Amorim was prepared to name his supplier in open Court and had given information to the Police which was said to be credible and of value. 

 

Conclusions:

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

The Crown moved for a starting point of nine years with a reduction for all mitigation of seven years leaving him a sentence of two years with three months in custody concurrent for the possession charge.  The Crown also asked the Court to make a recommendation for deportation.

 

Sentence and Observations of Court:

Count 1:	3 months' imprisonment.
Count 2:	18 months' imprisonment, concurrent.

Deportation recommended.  The Court stated that the potential for distribution was very high.  The starting point suggested by the Crown was considered correct.  The Court took into account the guilty plea, the fact that there were no previous convictions, Amorim's naivety and youth.  The most significant element of mitigation was the fact that Amorim had named his supplier in open Court.  This is an act which requires great encouragement and the conclusions were further reduced resulting in a sentence of 18 months' imprisonment with three months concurrent for the possession.  The recommendation for deportation which had not been opposed was made.

 

Advocate S.E. Fitz, Crown Advocate.

Advocate M. Renouf for the Defendant.

 

 

 

JUDGMENT

 

 

THE COMMISSIONER:

1.        When police officers, on information received, called at Peterborough Car Sales at La Moye, Amorim was detained and questioned.  He immediately indicated his locked tool box and said it contained matter for him to smoke.  Heroin was discovered.  He made no reply when arrested.

2.        With the owner's consent a further search revealed a brown bottle wrapped in plastic and bound with tape which contained several wraps of heroin.  Amorim was cautioned and made the reply "I not sell".

3.        No other drugs were found either on Amorim's person or at his home address.  He initially denied any knowledge of the heroin in the brown bottle which had been found in a speed boat belonging to the owner of the premises.  Police officers noticed that the tape found in the tool box was visually identical to the tape which was binding the bottle. 

4.        In the tool box was 45 milligrams of heroin containing 25% by weight of diamorphine.  This is a personal amount with a street value of about £25 and that forms the first count.

5.        The 26 heat-sealed plastic wraps contained a total of not less than 17.69 grams of powder which, on analysis, was found to be heroin with an average of 18% by weight of diamorphine.  DC Mark Hafey had no doubt that the heroin had been bagged ready for street distribution.  It was in under-weight gram amounts, but if it were to be divided into gram bags there was a street value of between £7,800 and £11,700.  Heroin is normally sold in a bag which sells for £50, and would contain between 80 and 110 milligrams of powder.  It is clear that one gram would make between 6 and 9 bags.  The potential, therefore, for distribution of this pernicious drug is clear, and when forensic analysis matched the tape of the tool box with the tape on the bottle it was then that the defendant pleaded guilty.

6.        Following the Court of Appeal guidelines, 17.69 grams brings Amorim into the 7 - 9 year range starting point for 1 - 20 grams.  (See: Rimmer & Ors -v- Attorney General [2001] JLR 373).

7.        In general the Campbell guidelines of a minimum starting point of 7 years should be adhered to by the Courts of Jersey.  The Crown takes its starting point at 9 years.  Although this is the highest band of the range, and despite looking at the involvement of the accused and his obvious naivety we feel that the starting point is correct.

8.        Advocate Renouf in his speech to us in mitigation, pointed out many of the factors described to us by the Crown.  We have Amorim's guilty plea; his lack of any criminal record; his obvious naivety borne out by his interview with Dr Sharkey; and his youth - he is only 22 years old.  More importantly, and perhaps most importantly, he has, before us, named his supplier in open court.  This is not a usual circumstance.  As was said in A.G. v Kenward (6^th March, 2000) Jersey Unreported, we feel that he is entitled to a reduction for his guilty plea, mitigation for his youth, and his lack of previous convictions, but his naming of his supplier in open court, a matter which was not known to the Crown until the name was disclosed is something which requires much encouragement. 

9.        It is very much in the public interest for these things to happen.  We are therefore going to reduce the conclusion of the Crown and we sentence you to 18 months' imprisonment on count 2,  with 3 months' concurrent on the first count.  We order destruction and forfeiture of the drugs and we are going to make an order recommending deportation under the provisions of the Immigration Act 1971  as extended to Jersey.  This is not opposed by defence counsel.

Authorities

Bray -v- A.G. (27the January, 2000) Jersey Unreported Court of Appeal; [2000/16].

A.G. -v- Kenward (6^th March, 2000) Jersey Unreported; [2000/42].

A.G. -v- Trinidade (20^th July, 2000) Jersey Unreported; [2000/141].

Rimmer & Ors -v- AG [2001] JLR 373.

R -v- Nazari (1980) 3 All ER 880.