Jersey Unreported Judgments

[2004]JRC119

ROYAL COURT

(Samedi Division)

6^th July 2004

The Attorney General

-v-

Stefan William Purden

Sentencing by the Superior Number of the Royal Court, to which the Defendant was remanded by the Inferior Number on 4^th June, 2004, following a guilty plea to:

Age:     30.

Details of Offence:

The Defendant was arrested at the Elizabeth Harbour Ferry Terminal.  He had concealed internally 35.77 grams of heroin with an average purity of 26 per cent by weight of diamorphine.  Wholesale value between £5,365 and £7,154 - street value: between £10,731 and £16,096.  The Defendant stated in interview that he had a £50 a day heroin addiction.  He had amassed drugs debts and was intending to sell the heroin to pay off the debts and anticipated making a profit of £3,000.

Details of Mitigation:

Emphasis on the Defendant's mental problems include schizophrenia and depression.  Co-operative with Customs in interview.  Did not attempt to put forward that drugs were for personal use.  Support of family.

Previous Convictions:

Numerous including previous convictions for possession of cannabis and heroin.

Conclusions:

Applying the Rimmer guidelines the appropriate starting point was 9 years imprisonment.

The Defendant had pleaded guilty but was caught in flagrante delicto.  He was co-operative with the customs officers.  The Social Enquiry Report and a Psychiatric Report contained matters relevant to the Defendant's medical history which enabled the Crown to move for a sentence of 5 years' imprisonment.

Request that Court order drugs to be forfeited and destroyed.  A confiscation order in a nominal sum was sought.

Sentence and Observations of Court:

The Court agreed that 9 years' starting point was correct.  Because of the content of the Social Enquiry Report and Psychologist's Report the Court felt able to reduce the conclusions of the Crown to 4½ years' imprisonment. 

Drugs forfeited and destroyed.

Confiscation Order in the sum of £1 made.

D. E. Le Cornu, Esq., Crown Advocate.

Advocate C. M. Fogarty for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        In order to pay off a drug debt you went to France and bought some 35 grams of heroin which you were going to sell in Jersey.  Here it had a street value of between £10,000 and £16,000.  Fortunately you were intercepted at the harbour with the drugs concealed internally.  We agree with the Crown that the correct starting point is 9 years.

2.        In mitigation we take into account your guilty plea, although the drug was concealed internally and therefore the full discount is not available.  You were however co-operative.  We have read carefully the contents of the Social Enquiry Report and of the psychiatric report and we do make allowance for your mental condition.

3.        We have also taken note of the other mitigation which appears from the papers before us and all in all we think we can allow a slightly greater discount than was allowed by the Crown and the sentence is therefore one of 4½ years' imprisonment and we order the forfeiture and destruction of the drugs.

Authorities

Whelan: Aspects of Sentencing in the Superior Courts of Jersey (2^nd Ed'n): pp. 19-21..