Jersey Unreported Judgments

[2004]JRC052

ROYAL COURT

(Samedi Division)

16^th March, 2004

The Attorney General

-v-

Darren John Cheslin

Sentencing by the Superior Number of the Royal Court, to which the Defendant was remanded by the Inferior Number on 13^th February, 2004, following a guilty plea to:

Age:     35.

Details of Offence:

The accused and his girlfriend arrived on the Commodore Clipper from Portsmouth in a car.  A customs officer became suspicious of a bulge in the rear seat.  The car was subsequently searched.  Concealed within the seat and each of the passenger and driver's side rear pillars were a total of 74 bars comprising cannabis resin weighing 18,423.22 grams - just under 18.5 kilos (local 'street' value £106,560 - wholesale value between £74,000 and £81,400).  During a subsequent question and answer interview the accused and his girlfriend denied all knowledge of the drugs found in the car.  He initially claimed to have bought the car from a garage in England but later admitted he had purchased it from a man in a pub.  Given the nature of the concealment this was a sophisticated importation.  Despite his consistent denials as to knowledge of the drugs made during interview (repeated to the Probation Officer) the accused was prepared to plead on the basis that he had acted as a mere courier.  The Crown could not disprove this assertion and was prepared to sentence him on this basis.

Details of Mitigation:

Plea.  Accused shocked and distressed at the situation in which he now found himself.  Some mental health difficulties (assessed as not a significant motivating factor in the commission of the offence).

Previous Convictions:

Record including a conviction in 1996 before Mid Worcestershire Magistrate's court for causing death by careless or inconsiderate driving whilst intoxicated.

Conclusions:

Sentence and Observations of Court:

This was a sophisticated importation.  Crown's starting point of 7 years' imprisonment correct.  Guilty plea of value but should not attract full discount as not entered at earliest opportunity.  Accused lied during interview.  Confiscation order and drugs to be forfeited and destroyed.

A. J. Belhomme, Esq., Crown Advocate.

Advocate J. C. Gollop for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        You imported 18½ kilos or so of cannabis resin with a street value of £106,000 into Jersey.  It was concealed in various places in the car which you were driving.  It was clearly quite a sophisticated operation to have hidden the cannabis in that manner.  It is accepted that you were acting as a courier.

2.        The case of Campbell [1995]JLR136 gives guidance as to starting points for between 10 - 30 kilos: between 6 - 10 years.  Having regard to the amount and to the nature of your role as a courier we agree with the Crown that a starting point of 7 years was correct.

3.        The main mitigation is that you pleaded guilty.  That is of value in this case  We accept what Mr Gollop has said in that respect, but you lied to start with and you did not enter the plea of guilty at an early opportunity.  It was not until 4^th February that you pleaded guilty, therefore, you are not entitled to a full discount for a plea of guilty.

4.        You have previous convictions although it is true that you do not have any previous drug convictions.  We have read carefully the Social Enquiry Report and the Psychological Report and the references, but all in all there is not a great deal of mitigation apart from the guilty plea.  In the circumstances we think a deduction of 2 years is adequate to reflect that.  The sentence therefore, is one of 5 years imprisonment and we order the forfeiture and destruction of the drugs.

Authorities

Cambell & Ors [1995]JLR136.