Jersey Unreported Judgments

[2004]JRC035

ROYAL COURT

(Samedi Division)

 

23^rd February 2004

 

 

The Attorney General

-v-

Terence John O'Cuneff

 

Sentencing by the Superior Number of the Royal Court, to which the Defendant was remanded by the Inferior Number on 21^st November, 2003, following a guilty plea 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 Customs and Excise (Jersey) Law 1999. Count 1: Cannabis.

 

 

Age:     27

 

Details of Offence:

The defendant and his girlfriend were stopped by customs officers as they arrived on the ferry from England. Although both stated that they had nothing to declare, a sniffer dog detected the presence of drugs.  57 bars of cannabis (15.6 kg) were subsequently found concealed in one of the rear tyres of the car.  Both the defendant and his girlfriend were arrested and interviewed.  When the defendant claimed full responsibility the girlfriend was released without charge.  At the time of the offence, the cannabis resin had a total local street value of £91,194 and a wholesale value of between £63,550 and £70,764.  During subsequent interview the defendant admitted to importing the cannabis to help pay off non-drug related debts that he had built up.  Although the Crown's conclusions were based on the defendant's admission that he had masterminded the whole importation, at sentencing the Court accepted the subsequent submission that he was, in fact, merely a courier.

 

Details of Mitigation:

Guilty plea, co-operation, good character and work record, sick mother for whom he cared.

 

Previous Convictions:

Three minor offences of dishonesty in 1987.

 

Conclusions:

5 years' imprisonment; (starting point: 8 years).

 

Sentence and Observations of Court:

4 years' imprisonment: (starting point: 7 years).

The Court decided that, given the defendant was a courier and not the mastermind, the starting point of 8 years could be reduced to 7 years.  Otherwise, the Court stated that 3 years was an appropriate deduction given the mitigation and sentenced the defendant to 4 years' imprisonment

 

 

C.M.M. Yates, Esq., Crown Advocate.

Advocate C.M. Fogarty for the Defendant.

 

 

 

JUDGMENT

 

 

 

THE DEPUTY BAILIFF:

1.        Luckily the Customs detected you at the harbour.  You originally said that you had purchased the drugs in the United Kingdom, that you had organised the importation, and that you took full responsibility for it.  You now say that was not true.  You had debts, although not drug debts, and you were approached to act as a courier for a fee of £3,000.  You say you lied because you were frightened to be too specific for fear of repercussions and to protect your travelling companion who knew nothing of what was going on.

2.        Given your lack of previous connection with the Island, and your previous lack of involvement with the drug scene we are content to accept your current version and to sentence you on that basis.

3.        We have to consider first the starting point.  The Campbell [1995]JLR136 guidelines suggest a starting point of between 6 and 10 years for 10 - 30 kilos.  The Crown, which moved on the basis of your original version of facts, took a starting point of 8 years, but we think on the current version of the facts the correct starting point is one of 7 years.

4.        In mitigation we take into account your early guilty plea which was of value, and the fact that you have one very minor conviction back in 1987, so we treat you as being of good character.  You have a good work record.  There are going to be serious consequences for your mother and to a lesser extent for your nephew.  We have read the letters and references and reports all of which we take into account as well as the other information which appears from the papers before us.

5.        All in all we think that a deduction of 3 years is right to reflect the mitigation, leaving a sentence of 4 years' imprisonment and that is the sentence which we impose.  We order the forfeiture and destruction of the drugs.

Authorities

A.G. -v- O'Brien & Ors (12^th February 2002) Jersey Unreported; [2002/39].

Misuse of Drugs (Jersey) Law 1978: Article 4.

Customs and Excise (Jersey) Law 1999: Article 61.

Campbell & Ors -v- A.G. [1995]JLR136.

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