Jersey Unreported Judgments

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Cite as: [2005] JRC 164

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[2005]JRC164

ROYAL COURT

(Samedi Division)

18^th November 2005

Before :

Sir Philip Bailhache, Bailiff, and Jurats Georgelin, and Allo.

The Attorney General

-v-

John Conroy.

Sentencing by the Inferior 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 (Jersey) Law 1999.

(Count 1 - Heroin.)

(Count 2 - Cannabis.)

1 count of:

Impeding the carrying out of a search by Jersey Customs Officers contrary to Article 10(b) of the Customs and Excise (Jersey) Law 1999. (Count 3).

1 Count

Malicious damage. (Count 4).

Age: 27.

Plea: Guilty.

Details of Offence:

Arrived in Jersey off ferry from Weymouth. Urine sample positive for cannabis, cocaine and Benzodiazepines. X-ray showed package in lower bowel. Detained at Elizabeth Terminal for 4 days. Became aggressive and violent - damaged cell ceiling and cctv. Threatened Customs Officers. Voided package and destroyed by mixing with detritus on floor of cell. Admitted importation of 1 gram of heroin and 14 grams of cannabis this only after being confronted with analysis of detritus from floor.

Details of Mitigation:

Guilty plea though inevitable; showed some regret for behaviour towards Customs Officers.

Previous Convictions:

5 previous convictions for drug offences; attempting to pervert the course of justice; criminal damage.

Conclusions:

Count 1:	3 months' imprisonment.
Count 2:	1 month's imprisonment concurrent to Count 1.
Count 3:	18 months' imprisonment consecutive to Count 1.
Count 4:	3 months' imprisonment concurrent.

These are the general conclusions.

Sentence and Observations of Court:

Count 1:	3 months' imprisonment.
Count 2:	1 month's imprisonment concurrent.
Count 3	10 months' imprisonment consecutive.
Count 4	1 month's imprisonment concurrent.

Total; 13 months imprisonment.

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

Advocate L. Buckley for the Defendant.

JUDGMENT

THE BAILIFF:

1. Your behaviour during that four day period was disgusting and completely out of order. You may have felt concerned about your girlfriend but your behaviour was unacceptable. Spitting at a Doctor in particular, is an assault and you were fortunate that you were not charged with that offence. We agree with the Crown Advocate that a consecutive sentence should be imposed for the offence of obstructing Customs officers.

2. In context, this was a different matter from the importation of drugs and we want to make it clear that Customs Officers carrying out their duty should not be obliged to put up with this kind of behaviour. Now having said that, the maximum penalty is one of two years' imprisonment and in our judgment the conclusions on Count 3 bearing in mind the guilty plea, are too high. We have read your letter and we have read the letter from your girlfriend and we are pleased to learn that you have been clean of drugs during your time in prison and we hope that you will continue that when you get back to Liverpool.

3. Now the sentence of the Court is this, on Count 1 you will be sentenced to 3 months' imprisonment. On Count 2 to 1 month's imprisonment concurrent. On count 3, to 10 months' imprisonment consecutive. On Count 4 to 1 month's imprisonment concurrent, making a total of 13 months' imprisonment. We order you to pay compensation in favour of the Customs and Excise department in the sum of £173 and in default of payment of that compensation you will serve 1 month's imprisonment consecutive.

4. Now what that means in practice is that you will be released as soon as you have paid the £173 compensation. If you fail to pay the compensation you will serve another one month; and we order the forfeiture and destruction of the drugs.

Authorities

AG -v- Brian Whyte 1998/243.

Whelan: Aspects of Sentencing in the Superior Courts of Jersey (2^nd Ed'n).