Jersey Unreported Judgments

[2003]JRC113

ROYAL COURT

(Samedi Division)

 

4^th July 2003

 

 

The Attorney General

-v-

Paulo Marco Ferreira de Gouveia

 

First Indictment

 

3 counts of:	Driving while disqualified, contrary to Article 9(4) of the Road Traffic (Jersey) Law 1956 (counts 1, 4, 6).
3 counts of:	Using a motor vehicle uninsured, contrary to Article 2(1) of the Motor Traffic (Third Party Insurance) (Jersey) Law, 1948 (counts 2, 5, 7).
1 count of:	Driving a vehicle while holding telephone, contrary to Article 25A of the Road Traffic (Jersey) Law 1956 (count 3).

 

Second Indictment

 

1 count of:

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

 

[Count 1 of this Indictment was withdrawn by Crown].

 

Age:     26.

 

Plea:    Guilty.

 

Details of Offence:

In May 2002 the defendant was stopped riding a motor cycle whilst he was disqualified from driving and hence had no insurance.  He eventually appeared in the Magistrate's Court in November 2002 and pleaded guilty.  Whilst on bail, he was then seen on 3^rd December driving another motor vehicle whilst using a mobile phone and whilst disqualified and uninsured.  On 4^th December he was again seen driving a van whilst disqualified and uninsured.

 

Second Indictment

When he was eventually stopped in his vehicle, he was found to be holding £605 in cash and 14 twists of heroin in his top pocket.  A strip search, drugs search warrant and urine test all proved negative.  He claimed he was holding the drugs for someone else whom he would not name, for no reward.  His instructions were to give the drugs back.  He gave "no comment" answers in respect of the supplier of the drugs.  The 14 wraps weighed 1.03 grams, 46% diamorphine with local street value of £700.   He pleaded guilty to possession with intent to supply on the basis of his version of events which the prosecution accepted on the basis that there was no forensic evidence that he had touched the wraps, there were no deal lists, no record of mobile phone calls, negative search warrant, no unexplained income and a urine test was free from controlled drugs.  The cash found on him was claimed to be sickness benefit and on investigation the defendant had received two payments £223.37 and £861.57 in respect of injury benefit.  It was therefore accepted that it was not cash derived from drug trafficking and no confiscation order was sought.

 

Details of Mitigation:

Not a drug user.  No reward.  Naivety - claimed not to know the value or type of drug.  No previous convictions for drugs.  Wife and four month old baby.  Remorse.

 

Previous Convictions:

Nine previous convictions involving 21 offences mostly motoring.  Disqualification in April 2002.

 

Conclusions:

 

First Indictment

 

Count 1:	3 months' imprisonment; 2 years' disqualification from driving.
Count 2:	3 months' imprisonment; 2 years' disqualification from driving.
Count 3:	£50 fine or 1 week's imprisonment in default of payment.
Count 4:	6 months' imprisonment; 2 years' disqualification from driving.
Count 5:	3 months' imprisonment; 2 years' disqualification from driving.
Count 6:	12 months' imprisonment; 2 years' disqualification from driving.
Count 7:	3 months' imprisonment; 2 years' disqualification from driving.

 

Second Indictment

 

Count 2:

2 years' imprisonment; consecutive to First Indictment sentences.

Total: 3 years' imprisonment; 2 years disqualification from driving.

 

Sentence and Observations of Court:

 

First Indictment

 

Count 1:	3 months' imprisonment; 3 years' disqualification from driving.
Count 2:	3 months' imprisonment; 3 years' disqualification from driving.
Count 3:	£50 fine or 1 week's imprisonment in default of payment.
Count 4:	6 months' imprisonment; 3 years' disqualification from driving.
Count 5:	6 months' imprisonment; 3 years' disqualification from driving.
Count 6:	9 months' imprisonment; 3 years' disqualification from driving.
Count 7:	12 months' imprisonment; 3 years' disqualification from driving.

TOTAL:  3 years' imprisonment; 3 years' disqualification from driving.

Second Indictment

 

Count 2:

2 years' imprisonment; consecutive to First Indictment sentences.

 

TOTAL: 3 years' imprisonment; 3 years' disqualification from driving.

 

Mrs S. Sharpe, Crown Advocate.

Advocate J. Grace for the Defendant.

 

 

 

JUDGMENT

 

 

THE DEPUTY BAILIFF:

1.        You were disqualified from driving on the 25^th April, 2002.  You took no notice of that because on the 2^nd May, you were stopped driving a motor cycle.  You appeared in court on that charge on the 21^st November, and you were bailed.  You took no notice of that either, because you drove a motor vehicle again on 3^rd and 4th December.  On each of these occasions you were uninsured so that the consequences if you had had an accident would have been very serious for anyone you injured. 

2.        On that last occasion, on 4^th December, you were found in possession of a gram of heroin.  The Crown accepts your version that you were looking after these drugs for a friend, who thought the police were watching him.

3.        In relation to that drug offence your advocate says this was not a case of commercial dealing, because you were not being paid, and indeed it is not known whether the person was a dealer or simply a user of drugs.  What your advocate says is correct and, therefore, the Rimmer [2001] JLR373 guidelines are not strictly applicable.  But you looked after this quantity of heroin in order to help someone else escape possible capture.

4.        It is therefore a serious offence and we think that the Crown's conclusions of 2 years' imprisonment on that count are absolutely correct, albeit that we have not taken the starting point of 7 years.

5.        As to the motoring offences, these showed a complete disregard of the law.  You offended repeatedly and whilst on bail.  Again we think that the Crown's total sentence of 12 months' imprisonment is correct.  We think that a sentence of 12 months' on count 6 is too high, because that is the maximum allowed by law and you have pleaded guilty and therefore are entitled to a discount.

6.        Conversely, we think the sentence on count 7, that is your third offence of driving uninsured, is far too low.  The maximum for that offence is 18 months' and yet the Crown has only asked for 3 months', and it is the offence of driving without insurance that can have such serious consequences.  We intend to impose a sentence of 12 months' imprisonment on that account.

7.        Finally, we have, of course, had regard to the totality of your sentence, but standing back and looking at all that has occurred and notwithstanding all the mitigation that has been put forward by your advocate, which we have carefully considered, we think that the overall sentence moved for by the Crown is correct.  

8.        Therefore the sentence of the Court is as follows:  Count 1: 3 months' imprisonment; count 2: 3 months' imprisonment; count 3: £50 fine or 1 week's imprisonment in default, concurrent; count 4: 6 months' imprisonment; count 5: 6 months' imprisonment; count 6: 9 months' imprisonment; count 7: 12 months' imprisonment.  All of those to be concurrent, making 12 months' in all on that indictment.

9.        As to disqualification the Crown has moved for 2 years.  This would mean no effective disqualification because you would be in prison for the whole of that period.  We therefore impose a disqualification of 3 years on Counts 1, 2, 4, 5, 6 and 7 concurrent.  This will mean that in broad terms you will be prevented from driving for about a year after you come out of prison.

10.      On the second indictment, count 2, you are sentenced to 2 years' imprisonment consecutive to the sentence on the first indictment making 3 years in all.  We order the destruction and forfeiture of the drugs.

Authorities

Rimmer and ors -v- AG [2001] JLR373.

Welsh -v A G (4^th April, 2002) Jersey Unreported; [2002/72].

A G -v- Viveiros (19^th February, 2001) Jersey Unreported; [2001/42].

A G -v- Le Lai (22^nd February, 2001) Jersey Unreported; [2001/48].

Morgan and Schlandt -v-A G (2001) JLR 225.