Jersey Unreported Judgments

 [2003]JRC143

ROYAL COURT

(Samedi Division)

4^th August 2003

The Attorney General

-v-

Jamie Marc Mortimore.

Sentencing by the Superior Number of the Royal Court, to which the Defendant was remanded by the Inferior Number on 30^th June 2003, following a guilty plea to:

Age:     28.

Plea:    Guilty.

Details of Offence:

On 26^th March, 2003 the Defendant arrived in Jersey on the Commodore Clipper from Portsmouth.  He told Customs Officers that he had decided to come to Jersey for a short holiday.  He knew no one in Jersey and had no accommodation booked.  The Customs Officers suspected that the Defendant was carrying drugs concealed internally.  The Defendant agreed to be x-rayed and to an internal examination.  A package was removed from his rectum and found to contain 23.4 grams of powder consisting of heroin containing 24% by weight of diamorphine with a street value of between £7,020 and £10,530.  The Defendant maintained that the drugs were for his personal use.

Details of Mitigation:

Defendant maintained that the heroin was for his personal use.  He had come to Jersey to 'detox' to enable him to go to his brother's wedding.  Defence counsel asked the Court to apply 7 year starting point and to impose a 5 year sentence of imprisonment.

Conclusions:

Even if for the Defendant's personal use, with such a large quantity of drugs the Defendant was a hostage to fortune.

Starting Point based on Rimmer guidelines: 8 years.

The Defendant was caught inflagrante delecto.  His guilty plea was of little value and did not entitle him to the full discount.

Drugs to be confiscated and destroyed.

Sentence and Observations of Court:

Starting point of 7 years should be taken.

Drugs ordered to be forfeited and destroyed.

D. E. Le Cornu Esq., Crown Advocate.

Advocate R. Juste for the Defendant.

JUDGMENT

THE commissioner:

1.        The facts have been very clearly outlined to us by Crown Advocate Le Cornu.  Mortimore had one ounce of heroin concealed internally and this was found, after a period of denials to the Customs Officers, so that, in all, he had 23.4 grams of brown powder consisting of heroin containing 24% by weight of diamorphine.  This heroin had a wholesale value of between £3,510 and £4,680 and a street value in Jersey of between £7,020 and £10,530.

2.        As Crown Advocate Le Cornu has pointed out, such a large amount of heroin made him a hostage to fortune.   It could have been stolen or taken from him by force and we have the valuable comments of the Court of Appeal in Conquer -v- AG (4^th April 2002) Jersey Unreported; [2002/73].

3.        That might have been that, but we have a difficulty.  Mortimore says that he came to Jersey as a heroin user to wean himself off heroin and to prepare himself for his brother's wedding this month.  He had a relatively small amount of money but he knew nobody in Jersey and he told Customs Officers and the Police that he was prepared, if necessary, to sleep on the beach.  We have a report prepared for the Defendant by Mr Goldie de la Haye, who is now retired from the Police Force.  It makes for interesting reading but it supports the story put to us by Mortimore.

4.        Mortimore, only you know the real truth of this matter, we are never going to work it out, but we must accept your story.  We take the starting point of seven years and with the mitigation that is available we will follow the suggestion of your able counsel and you are sentenced to five years' imprisonment.  We order the forfeiture and destruction of the drugs. 

Authorities

AG -v- Lomas (3^rd May 2001) Jersey Unreported; [2001/94]

Conquer -v- AG (4^th April 2002) Jersey Unreported; [2002/73]

Gregory -v- AG [1997] JLR1.