Jersey Unreported Judgments

[2003]JRC191

ROYAL COURT

(Samedi Division)

 

27^th October 2003

 

 

The Attorney General

-v-

Jermaine Johnathan Bailey

 

'Newton' hearing and sentencing by the Superior Number of the Royal Court to which Defendant was remanded by the Inferior Number on 25^th July, 2003, following a Guilty plea, the Defendant having disputed certain facts relied on by the prosecution, to:

 

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 Misuse of Drugs (Jersey) Law, 1978: Count 1:  diamorphine.
1 count of:	Possession of a controlled drug, contrary to Article 6(1) of the Misuse of Drugs (Jersey) Law, 1978: Count 3:  diamorphine.

 

[On 25^th July, 2003, the Crown accepted a Not Guilty plea to Count 2 of the indictment; the 'Newton' hearing did not proceed].

 

 

Age:     22.

 

Details of Offence:

Arrested at Kensington Guest House.  Taken to his room.  22.10 grams heroin (31% by weight) found with evidence it had been internally secreted.  Came to Jersey for 5 days with booked return ticket to find work.  Lengthy criminal record.  No effort to address his drug addiction.

 

Details of Mitigation:

22 years of age.  Guilty pleas (but caught red handed).  Heroin/drug addiction.

 

Previous Convictions:

Numerous.

·         2 offences against property

·         11 theft and kindred offences

·         2 public disorder

·         3 offences relating to Police/courts/prison

 

Conclusions:

 

Count 1:	4 years' imprisonment, (starting point: 6½ years).
Count 3:	4 years' imprisonment; (concurrent).

 

 

Sentence and Observations of Court:

Conclusions granted.  Whilst defence correct in pointing out he was a young man, the Court felt Prosecution had taken into account all mitigation in any event.

 

 

N.M. Santos Costa, Esq., Crown Advocate.

Advocate J.C. Gollop for the Defendant.

 

 

 

JUDGMENT

 

 

 

THE BAILIFF:

1.        This Defendant is to be sentenced for 2 counts involving the misuse of drugs, the first being the importation of 22 grams of heroin, and the second being possession of the same drugs the following day.  The street value of the drugs in Jersey was between £6,000 and £9,000.

2.        The Defendant claims that he bought them for £500.  As we indicated at the conclusion of submissions relating to an application for an adjournment, we are sentencing the Defendant on the basis that he brought this heroin into the Island for his own use.  It was of such a quantity, however, that there was inevitably a risk that some of it might find its way by one means or another into the hands of others. 

3.        We accept the submission of defence counsel that this risk was reduced by the absence of family and friends in the Island and we also accept that there was no commercial intent on the part of the defendant. 

4.        Both counsel submitted - and we agree with them - that the appropriate starting point in this case is one of 6½ years' imprisonment.  The question, therefore, is what weight should be given to the mitigating circumstances. 

5.        In mitigation the defendant has pleaded guilty to the indictment and we accept that it was a valuable and not an inevitable plea.  Bailey has been a heroin addict for 4 years, he has not been previously convicted of importing drugs, nor indeed of any drugs related offence, although the latter point is of minimal significance in view of his admitted consumption of illegal drugs over a long period.

6.        He has, however, been making attempts to detoxify himself whilst on remand, which is to his credit.  Finally, there is his youth.  He is aged only 22 and defence counsel made a strong point that his was an important mitigating factor.

7.        We have considered all these submissions carefully, but notwithstanding the forceful submissions of Mr Gollop, we think that the conclusions take full account of all the mitigating factors.

8.        The conclusions are accordingly granted and you are sentenced on Count 1 to 4 years' imprisonment; and on Count 3 to 4 years' imprisonment, concurrent, making a total of 4 years' imprisonment and we order the forfeiture and destruction of the drugs.

Authorities

Gregory -v- Attorney General (1997) JLR 1.

Campbell, Molloy and MacKenzie -v- Attorney General (1995) JLR 136.

Whelan: "Aspects of Sentencing in the Superior Courts of Jersey (2^nd Ed'n) pp.63 -77.

Rimmer, Lusk  & Bade -v- A.G. [2001] JLR 373.

Attorney General -v- Forrester, Sumner and Sefton-Ulmer (22nd March, 2001) Jersey Unreported; [2001/67]

Attorney General -v- Lomas (3^rd May, 2001) Jersey Unreported; [2001/94].

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