Jersey Unreported Judgments

[2004]JRC049

ROYAL COURT

(Samedi Division)

 

16^th March, 2004

 

 

The Attorney General

-v-

Gracie Austria George

 

Sentencing by the Superior Number of the Royal Court, to which the Defendant was remanded by the Inferior Number on 6^th February, 2004, following a guilty plea, entered on 23^rd January, 2004 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: diamorphine.

 

 

Age:     24.

 

 

Details of Offence:

84.42 grams of heroin; street value £25,000.00 - £37,000.00; wholesale value £12,000.00 - £16,000.00.  Internal concealment by courier in return for promise of £1,000.00 reward.

 

Details of Mitigation:

Youth; no previous convictions; addict; gave information to the authorities (acknowledged to be genuine, but unlikely to be productive in itself; nevertheless added to the store of general intelligence); agreed that the giving of information should be mentioned in open court.

 

Previous Convictions:

 None.

 

Conclusions:

 

 

Count 1:

4½ years' imprisonment (9 years' starting point).

 

Sentence and Observations of Court:

 

Count 1:

4 year' imprisonment (9 years' starting point).

 

Court confirms the importance of open court mention of information given to the authorities as a source of substantial mitigation.

 

C. E. Whelan, Esq., Crown Advocate.

Advocate C.M. Fogarty for the Defendant.

 

 

 

JUDGMENT

 

 

 

THE DEPUTY BAILIFF:

1.        You brought in 84 grams of heroin to this Island with a street value of between £25,000.00 and £37,000.00, concealed internally.  You are a heroin addict; you agreed to do this for a fee of £1,000.00 and some free heroin.  Fortunately you were arrested at the airport. 

2.        The Crown has suggested a starting point of 9 years, which is at the bottom of the relevant bracket in Rimmer, and we agree with that starting point.

3.        In mitigation you have pleaded guilty, although it may have been inevitable but it stands you in good stead and you pleaded guilty from an early stage.  You are only 24; you have no previous convictions of any sort.  We have read your letter and the references and we accept that you are remorseful for what you have done.  We note the comment in the Report that you are emotionally immature and gullible and this no doubt contributed to what happened.  We are also pleased to note that you are undertaking drug counselling in prison and making real efforts to overcome your addiction and we have read the Report handed up this morning which shows that you have been trying for some time to overcome your dependency on heroin. 

4.        Most significantly you have named the supplier in the United Kingdom to the Police and have given other information about this operation and you have agreed that this should acknowledged in open court.  As we said in the last case of Miah [2004]JRC048 referring to what the Court said in Kenward (6^th March 2000) Jersey Unreported; [2000/42] that is always a significant piece of mitigation for which a large additional discount is appropriate.  The Crown has confirmed in this case that it regards the information you gave as genuine and therefore on that basis we agree to a substantial discount.

5.        Taking into account all the conventional mitigation and giving a substantial extra amount for the provision of information, we think that a slightly greater discount than the Crown moved for is appropriate.  We think that the correct sentence is 4 years' imprisonment.  Therefore that is the sentence and we order the forfeiture and destruction of the drugs.

Authorities

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

Green -v- AG [2003]JCA125.

AG -v- Trinidade [2000]JLR N.62.

AG -v- Kenward (6th March 2000) Jersey Unreported; [2000/42].

A.G. -v- Miah [2004]JRC048.