Jersey Unreported Judgments

[2005]JRC114

ROYAL COURT

(Samedi Division)

 

16^th August 2005

 

 

The Attorney General

-v-

Inacio Luis Vieira de Castro

 

Sentencing by the Superior Number of the Royal Court, on guilty pleas 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 and Excise (General Provisions) (Jersey) Law 1999. Counts 3 and 4, Counts 1 and 2 having fallen away.

 

 

Age:     19.

 

Plea:    Guilty.

 

Details of Offence:

Defendant and girlfriend arrived at the Airport in Jersey from Gatwick.  A total of 230.72 grams of heroin wrapped in three individual packages was found hidden in the Defendant's luggage together with 968 milligrams of crack cocaine.  Street value of heroin £69,216 to £103,824; wholesale value £34,608 to £46,114.  Crack cocaine street value £240; wholesale value £130.  Defendant eventually admitted that drugs had been placed in his luggage by 'Sam' an acquaintance from Jersey who met him at Gatwick Airport.  Drugs were to be collected from Jersey Airport by another man whom Defendant only knew by description.  Defendant was classic 'mule'.  Claimed he was to receive no financial reward for importing the drugs but threats of harm if he did not do as he was told.

 

Details of Mitigation:

Guilty plea; youth; no previous convictions; remorse; vulnerable; not Class A drug abuser; exemplary behaviour in prison, working hard on car valeting; negative testing for drugs; low risk of re-offending.

 

Previous Convictions:

None.

 

Conclusions:

Starting point 7 years

 

Count 3:	5 years' youth detention.
Count 4:	3 years' youth detention, concurrent.

 

 

Sentence and Observations of Court:

Conclusions granted, recommendation for deportation will be made to Lieutenant Governor.

 

 

 

Mrs S. Sharpe, Crown Advocate.

Advocate R Juste for the Defendant.

 

 

 

JUDGMENT

 

 

 

THE BAILIFF:

1.        This Defendant has pleaded guilty to offences of importing into the Island 230 grams of heroin with a street value of between £69,000 and £103,000 and 1 gram of crack cocaine with a street value of just over £200.

2.        De Castro is the classic courier.  Having asked ourselves to what extent the Defendant is involved in drug trafficking we are satisfied that his involvement is at the lower end of the scale.  He is aged 19 and is not an abuser of Class A drugs.  Be that as it may, he was party to a decision knowingly to import a significant quantity of heroin which had the capacity to add greatly to the misery and degradation of addicts in Jersey.

3.        He was entrusted by the dealer with a significant amount of drugs showing that the dealer had considerable confidence in him.  Defence counsel has accepted that the appropriate starting point is 11 years' youth detention. 

4.        In mitigation De Castro is a first offender, he was co-operative with the police, he pleaded guilty to the indictment and he has shown remorse.  We have taken account of the letter which he wrote to the Court.  He is also very young being aged only 19.  The provisions of the Criminal Justice (Young Offenders) (Jersey) Law 1994 apply, and we have asked ourselves in accordance with Article 4 of that Law whether there is any other method of dealing with him other than sentencing him to youth detention.  We have no doubt that the importation of such a large quantity of heroin is such a serious offence that a non-custodial sentence cannot be avoided.

5.        We think that the Crown Advocate has made the appropriate deductions for the mitigating factors.  The conclusions are granted, and you are sentenced on Count 3 to 5 years' youth detention; on Count 4 to 3 years' youth detention concurrent.

6.        We turn to the question of deportation.  We have applied the principles set out in R -v- Nazari (1980) 3 All ER 880 and have asked ourselves whether your continued presence in the Island is detrimental to the interests of the community.  It is true that the advice of the Probation Service is that you are at a low risk of re-offending.  However, your connection with the Island is slight and you have committed the very serious offence of drug trafficking.  We are satisfied that your continued presence in Jersey is detrimental to the interests of this community. 

7.        In relation to the second test which is whether there are innocent persons not before the Court who would suffer from a recommendation for deportation, we are satisfied that that consideration does not apply.  We will, therefore, recommend to the Lieutenant Governor that when you have served your sentence you be deported from the Island.  Finally we order the forfeiture and destruction of the drugs.

Authorities

Criminal Justice (Young Offenders) (Jersey) Law 1994.

R -v- Nazari (1980) 3 All ER 880.