Jersey Unreported Judgments

[2005]JRC139

ROYAL COURT

(Samedi Division)

 

7^th October 2005

 

 

The Attorney General

-v-

Jorge Duarte De Lesmos De Gouveia

 

Sentencing by the Inferior Number of the Royal Court, following guilty plea to:

 

1 count 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: diamorphine).
5 counts of:	Obtaining goods by false pretence (Counts 2 - 6).

 

 

Age:     26.

 

Plea:    Guilty.

 

Details of Offence:

Between 3^rd and 5^th August, 2004, the Defendant, a heroin addict, visited England in order to buy drugs.  From England he posted an envelope to his former address.  The envelope contained 2 plastic bags each containing heroin.  One contained 1.45 grams and the other 1.7 grams.  Both had an average of 33 per cent by weight of diamorphine.  The Crown accepted that the drug was for 'personal use'.  The street value of the heroin was between £876 and £1,313 and the wholesale value between £437 and £554.  (Count 1).

In January 2005, the Defendant lost his job.  Between 11^th and 12^th January, 2005, he wrote a total of five cheques in favour of various Spar supermarkets for the purchase of cigarettes which he later sold to purchase drugs.  The Defendant knew he had insufficient funds in his bank account to meet the cheques which were later dishonoured.  Total amount £389.64.  (Counts 2 to 6).

 

Details of Mitigation:

Since committing the offences the Defendant had successfully detoxified.  Has young child for whom he cares whilst his girlfriend went to work.  Considerable gap between arrest and ultimate charge and sentencing.

 

Previous Convictions:

Numerous: including 2 for possession of heroin and cannabis.

 

Conclusions:

 

 

Count 1:	2 years' imprisonment.  (Starting point:  4 years).
Counts 2 - 6:	6 months' imprisonment, concurrent with each other, but consecutive to Count 1.

 

 

Sentence and Observations of Court:

 

Count 1:	240 hours' Community Service.
Count 2:	120 hours' Community Service, concurrent.

 

Total:  240 hours' Community Service.

 

 

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

Advocate J. Kelleher for the Defendant.

 

 

 

JUDGMENT

 

 

 

THE DEPUTY BAILIFF:

1.        For what you did and with your record the Crown's conclusions were absolutely right and to be expected, but we are going to give you a chance today.  There is only one reason which has caused us to do that.  It is the fact that since January you have been free of drugs.  We want this to continue and we want to recognise the efforts you have made by giving you a chance.

2.        We are going to place you on community service for 240 hours and we state, for the record, that 2 years' imprisonment was the sentence we had in mind, as moved for by the Crown, had we not agreed with the community service.

3.        We are not going to make a probation order or a treatment order because the professionals are not recommending that, but you must go to the Drug and Alcohol Service if you feel that you are about to relapse.  They are there for you and do not try and do it all on your own if you feel tempted to revert. 

4.        We are not going to make a deportation order either on this occasion.  But I want to explain very clearly to you, if you re-offend then you will go to prison, because you will have thrown away the chance we have given you and you are highly likely to be deported notwithstanding your relationship with Miss Callec and your son.  It is down to you, provided you can keep clean of drugs we have confidence you will be all right, but if you revert to drugs and re-offend you will go to prison and you will probably be deported.   We hope we do not see you before this Court again.  We order the forfeiture and destruction of the drugs.

Authorities

AG v Davey [2005]JRC125.

R v Nazari (1980) 3 All ER 880.