Jersey Unreported Judgments

[2004]JRC147

ROYAL COURT

(Samedi Division)

 

27^th August 2004

 

 

The Attorney General

-v-

Flame Thompson Bull

 

 

1 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) Law 1999. Count 1: Cannabis resin.

 

 

Age:     20.

 

Plea:    Guilty.

 

Details of Offence:

Imported 249.91 and 253.54 grams of cannabis resin (totalling 503.45 grams) at the Harbour by strapping it to her waist.  Was stopped and searched at Customs and the drugs were found on her person.  Attended Jersey on a day trip, no links to Jersey.  She had decided of her own volition to import drugs with intent to supply and to make money.  Amount of cannabis was deemed a commercial amount..

 

Details of Mitigation:

Guilty plea (albeit inevitable).  Youth.

 

Previous Convictions:

15 previous convictions, however none were for drug related offences.

 

 

Conclusions:

 

Count 1:

12 months' youth detention, (18 months starting point).

 

Sentence and Observations of Court:

 

Conclusions granted.

 

 

R.G. Morris, Esq., Crown Advocate.

Advocate Mrs S.A. Pearmain for the Defendant.

 

 

 

JUDGMENT

 

 

 

THE BAILIFF:

1.        This defendant imported into the Island just over half a kilogram of cannabis strapped to her body.  The cannabis had a street value of approximately £2,880 and a wholesale value of approximately £2,000.  It was a commercial amount and Bull has admitted to the Probation Officer that she intended to make some money out of it.

2.        She has a very bad record of 15 previous convictions although none for a drugs offence.  She is 20 and the Criminal Justice Young Offenders (Jersey) Law 1994 applies   The Crown Advocate has taken a starting point of 18 months' youth detention and moved for 12 months' youth detention having taken account of the mitigating circumstances.

3.        We have asked ourselves whether there is any other appropriate method of dealing with her.  She does not wish to receive a non-custodial sentence but nevertheless we have to ask ourselves this question.  It appears to us that the offence is too serious to justify a non-custodial sanction.  Furthermore we are satisfied that Bull has a history of failure to respond to non-custodial sentences and is unable or unwilling at present to respond to them.

4.        For these reasons we agree with the Crown Advocate that a custodial sentence must be imposed. 

5.        The conclusions of the Crown Advocate are granted.  We hope that during the time you serve youth detention you will get over your addiction to cannabis and that when you come out from youth detention you will begin to make something of your life.

6.        You are sentenced to 12 months youth detention.

Authorities

Campbell & Ors -v-A.G. (1995) JLR136 CofA.

A.G. -v- Skeete (12^th July, 2002) Jersey Unreported; [2002/130].

A.G. -v- Pearce (20^th October, 2000) Jersey Unreported; [2000/205].

A.G. -v- Ellse (19^th January, 2001) Jersey Unreported; [2001/18].