Jersey Unreported Judgments

[2004]JRC018

ROYAL COURT

(Samedi Division)

 

28^th January, 2004.

 

 

The Attorney General

-v-

Horacio Bernado Rocha Andrade

 

Sentencing by the Superior Number of the Royal Court, to which the Defendant was remanded by the Inferior Number on 28^th November, 2003, following a guilty plea to:

 

2 counts 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: diamorphine; Count 2: cocaine.

 

Age:     23.

 

Details of Offence:

Defendant arrived at Jersey Airport and was questioned by Customs Officers.  He gave a false story about the reason for his journey.  Whilst he was being searched, his story was investigated and found to be untrue.  He denied carrying any drugs, but following X-rays, foreign objects were seen in his abdomen.  He later excreted two packages.  The first package contained two wraps, one containing heroin and the other crack cocaine.  He then admitted to carrying two packages but just over an hour later passed a third package, also containing heroin.  The total weight of the heroin was 17.09 grams; crack cocaine 398 milligrams - a personal amount.  Total street value of the heroin between £5,127 and £7,689; wholesale value between £2,562 and £3,418.  The crack cocaine had a street value of £80.  Defendant later admitted the sole purpose of his trip had been to import drugs.

 

Details of Mitigation:

Defendant co-operative at interview.  Said that he had carried out the importation to cancel a drugs debt of approximately £700.  Pleaded guilty at the earliest opportunity.  Poor family background.  Psychological Report described him as 'prone to addictive behaviour' but 'no indication of any serious psychopathology'.  Alcohol and Drugs Service Report described him as a 'naïve, vulnerable and unsophisticated man of limited intellectual abilities'.  The defendant was, however, fully aware of the illegal nature of his actions and of the strict sentencing policy of the Court.  Defendant has served the equivalent sentence of 5 months 28 days on remand pending sentencing.

 

Previous Convictions:

Three previous convictions comprising 26 offences.  In 2002 a drug trafficking conviction: imprisoned for 18 months.

 

Conclusions:

Starting point: 8 years' imprisonment.

 

Count 1:	4 years' imprisonment.
Count 2:	9 months' imprisonment, concurrent.

 

Recommendation for deportation.

 

Sentence and Observations of Court:

Starting point: 7 years' imprisonment.

 

Count 1:	3 years 6 months' imprisonment.
Count 2:	9 months' imprisonment, concurrent.

 

No recommendation for deportation.  Defendant had very little connection with Madeira having lived in Jersey most of his adult life.  However, Court warned defendant if he offended again he would be at serious risk of being deported notwithstanding his family ties with the Island.

 

Mrs S. Sharpe, Crown Advocate.

Advocate C.M. Fogarty for the Defendant.

 

 

 

JUDGMENT

 

 

THE DEPUTY BAILIFF:

1.        You imported 17 grams of heroin and a small amount of crack cocaine concealed internally in exchange for forgiveness of a drug debt of some £700.  It is not the first time you have committed drug offences in Jersey because you were released in April, 2003, from an 18 months' sentence for being concerned in the supply of heroin by allowing your premises to be used for packaging it. 

2.        The Crown has taken a starting point of 8 years, but in our judgment this was an importation of a comparatively modest amount.  Your role was that of courier.  We see no reason to take a starting point in excess of 7 years. 

3.        In mitigation we take into account your guilty plea, your good work record, the letters of support from Mr Letto, which stand to your credit, and your own letter, your troubled background and everything we have read in the Social Enquiry Report and the other reports, and all the papers before us.

4.        Taken in the round we think that the correct deduction from the 7 years' starting point is 3½ years.  In other words the sentence will be 3½ years' imprisonment on count 1; and 9 months' imprisonment, concurrent on count 2, making 3½ years' imprisonment in all, and we order the forfeiture and destruction of the drugs.

5.        The Crown has also suggested that you be recommended for deportation.  We are quite satisfied that your continued presence in the Island is detrimental to the Island because you keep re-offending.  However, we have been persuaded by what Miss Fogarty has said not to make a recommendation on this occasion; but you must realise, that if you continue to re-offend you will be at serious risk of deportation, even though you now have family in the Island.  It is up to you.  If you want to say in Jersey do not re-offend.

Authorities

Rimmer Lusk & Bade -v- AG [2001]JLR373.

AG -v- Andrade (31^st May, 2002) Jersey Unreported: [2002/110].

AG -v- Andrade (19^th January, 2001) Jersey Unreported: [2001/20].