Jersey Unreported Judgments

You are here: BAILII >> Databases >> Jersey Unreported Judgments >> AG -v- Goldstone 17-Mar-2006 [2006] JRC 043 (17 March 2006)
URL: http://www.bailii.org/je/cases/UR/2006/2006_043.html
Cite as: [2006] JRC 43, [2006] JRC 043

[New search] [Help]

[2006]JRC043

ROYAL COURT

(Samedi Division)

17^th March 2005

Before :

M. C. St J. Birt, Esq., Deputy Bailiff and Jurats Allo, and Tibbo.

The Attorney General

-v-

Philip Edward Goldstone

Sentencing by the Inferior Number of the Royal Court, on a 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 Custom and Excise (General Provisions)(Jersey) Law 1999 (Count 1).

Age: 44

Plea: Guilty.

Details of Offence:

Goldstone was stopped whilst coming through Customs having arrived form St. Malo. He was found to be carrying 5.36 grams of internally secreted cocaine. Goldstone said that the drug was for his own personal use, and this was accepted by the Crown.

The cocaine had a street value in Jersey of £428.00. Goldstone said he was only in the Island for the day to sign some contracts for work, and admitted that he had a long term drug addiction.

Details of Mitigation:

Guilty plea, co-operation, drugs imported for personal consumption, good work record, supportive family.

Previous Convictions:

Bad record for dishonesty, and three previous convictions for possession of cannabis.

Conclusions:

Count 1:

18 months' imprisonment. (Starting point of 4 years' imprisonment).

Sentence and Observations of Court:

In all the circumstances of the case, the Court felt able to follow the recommendations of the Probation Service, and ordered 240 hours' community service with a 12 months' Probation Order.

Court also ordered forfeiture and destruction of the drugs.

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

Advocate R. J. MacRae for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1. As I am sure you are aware the normal penalty for importing this sort of quantity of cocaine even though it is for personal use into Jersey is a prison sentence. But we have read all the papers in your case and in particular we see that you really are perhaps realising that it is time to try and change your ways. You have a supportive family back in Folkestone, you are not doing them any favours at the moment. We hope very much that you learn from this experience and take advantage of the opportunity we are going to give you.

2. We are going to place you on probation for 12 months and we are going to impose a community service order of 240 hours stating that the equivalent prison sentence we had in mind was 18 months. What this means is that you can do that in Folkestone. Arrangements have been made for that to take place; so you can go home now, find a job and carry out the probation and community service over the course of the next 12 months.

3. You must realise the Probation Service here will be checking up with the Service over there to see that you are complying. If we are told that you are not complying then an arrest warrant will be issued, you will be brought back here and there will then only be one outcome. We order the forfeiture and destruction of the drugs.

No Authorities