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Cite as: AG v Mugridge 2004JRC134

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[2004]JRC134

ROYAL COURT

(Samedi Division)

30^th July 2004

Before:

M.C. St. J. Birt, Esq., Deputy Bailiff, and Jurats Georgelin, and Le Cornu.

The Attorney General

-v-

Lee Mugridge

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) 1999.

Count 1: cannabis resin.

Count 2: diamorphine.

Age: 21

Plea: Guilty.

Details of Offence:

Count 1: Mugridge was stopped at Elizabeth Terminal by Customs Officers when he had arrived from England on a ferry. Spare tyre of the car he was travelling in found to contain 40 'nine bars' of cannabis resin.

Count 2: Six wraps of heroin were found in the vicinity where Mugridge had been sitting in the customs detention area.

Details of Mitigation:

Youth. Guilty plea, although caught in possession. No previous convictions. Co-operation with Police, but did not name his supplier.

Conclusions:

Count 1:	3½ years' imprisonment. (6 years starting point)
Count 2:	3 months' imprisonment, concurrent.

Sentence and Observations of Court:

Count 1:	3 years' imprisonment (6 years' starting point)
Count 2:	3 months', concurrent.

T.J. Le Cocq, Esq., Crown Advocate.

Advocate R.S. Tremoceiro for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1. This is another case of someone dependent on heroin doing a drug run in order to bring drugs into Jersey at the behest of his supplier. In this case you were paid some £200. You brought in just under 9.8 kilos of cannabis resin which had a street value of just over £57,000. Your counsel does not dispute that the correct starting point is 6 years and we agree.

2. In mitigation we take into account that you are a young man, only 21, you have pleaded guilty - and we regard that as being of value as the drugs were concealed in a car; this is not the same as a person who conceals them internally. With the car, there is greater scope for a defence to be run and, therefore, we regard the plea as being of value.

3. You have no previous convictions, you have a good work record, and we have read the references. You have tried to conquer your heroin dependency and you have the support of your family and we are pleased to see your father in Court today. In all the circumstances we think we can allow more by way of mitigation than was allowed for by the Crown and the sentence therefore on count 1 will be one of 3 years' imprisonment and on count 2 the sentenced moved for by the Crown of 3 months' imprisonment; those to be concurrent 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. 14-19.

A.G. -v- Evans & 2 others (16^th June 1997) Jersey Unreported; [1997/113].

A.G. -v- Bonnar (7^th August, 2001) Jersey Unreported; [2001/178].

A.G. -v- Cheslin [2004]JRC052.

A.G. -v- Whyte (2^nd December, 1998) Jersey Unreported; [1998/243].