Jersey Unreported Judgments

[2004]JRC150

ROYAL COURT

(Samedi Division)

 

31^st August 2004

 

 

The Attorney General

-v-

Mark Douglas Roberts

 

Sentencing by the Superior Number of the Royal Court, to which the Defendant was remanded by the Inferior Number on 23^rd July, 2004, following a guilty plea to:

 

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 & Excise (Jersey) Law 1999. Count 1: diamorphine. Count 2: cannabis resin.

 

 

Age:     25.

 

Details of Offence:

The defendant imported 491.79 grams heroin and 24.8 kg of cannabis through Elizabeth terminal in the floor of an Astra van, travelling under a false name.  Holes had been carefully cut into the metal floor of the van, requiring specialist equipment.  When stopped by customs he initially said he had nothing to declare, but then became co-operative and admitted his involvement.  At subsequent interview he stated that he was importing drugs for third parties whom he refused to name for fear of his safety. 

The street value of the cannabis about £144,000, wholesale value £100,000.  The street value of the heroin is between £147,381 and £221,071, wholesale value between £73,690 and £98,254.  The Crown raised the starting point in accordance with the principle set out in Valler.

 

Details of Mitigation:

Guilty plea at first opportunity, co-operated with Customs.  Residual Youth.  Not a drug addict, only one previous drug conviction.

 

Previous Convictions:

Fourteen convictions comprising sixteen offences. Two previous drugs offences for possession with intent to supply amphetamines and attempted possession with intent to supply a class A drug.  Two offences against property, two fraud offences, six theft offences, two public disorder offences, one offensive weapon offence.

 

Conclusions:

 

 

Count 1:	10 years' imprisonment: (starting point 15 years).
Count 2:	6 years' imprisonment, concurrent.  (Starting point: 9 years).

 

Sentence and Observations of Court:

Conclusions granted.

 

 

 

C.M.M. Yates, Esq., Crown Advocate.

Advocate D. Le Maistre for the Defendant.

 

 

 

 

JUDGMENT

 

 

THE BAILIFF:

1.        This defendant was arrested when he attempted to import into the Island 24 kilograms of cannabis and 491 grams of heroin.  The cannabis had a street value of about £144,000 and the heroin a street value of between £147,000 and £221,000.  These very substantial quantities of drugs had the capacity to add significantly to the available supply, and certainly in the case of the heroin, to cause immeasurable misery and degradation to users in Jersey.

2.        Roberts was aware of what he was doing and of the likely consequences if he was caught.  He claims to have been threatened but he also acknowledges that he was to derive a fee of £1,000.  In terms of the degree of his involvement in drug trafficking the Court takes account of the significant value of the drugs entrusted to him.

3.        Although the defendant denies having arranged the importation himself, the steps taken to secrete the drugs in the van bore the hallmarks of a relatively high degree of planning and sophistication, with which he was associated. 

4.        Roberts has a bad record of 14 previous convictions including offences involving possession with intent to supply of drugs. 

5.        The Crown Advocate, applying the principles set out in the guideline cases, has taken a starting point of 15 years' imprisonment.  We think that this is the minimum starting point which could properly be taken.  In mitigation Roberts has pleaded guilty to the indictment and has expressed remorse.

6.        [Addressing the defendant]  Roberts, in full knowledge of the terrible damage which drugs of this kind can do to people you were prepared to undertake a very large importation for financial reward.  The Crown Advocate has made an allowance of 5 years for the mitigating factors.  We think that is correct.  The conclusions are granted.  You are sentenced on Count 1 to 10 years' imprisonment; on Count 2 to 6 years' imprisonment, concurrent, making a total of 10 years' imprisonment.  We order the forfeiture destruction and of the drugs.

Authorities

Rimmer & Ors -v- A.G. [2001]JLR373.

Campbell & Others [1995]JLR136.

Valler & Ors -v- AG [2002]JLR383.