Jersey Unreported Judgments

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Cite as: [2006] JRC 108

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[2006]JRC108

ROYAL COURT

(Samedi Division)

26^th July 2006

Before :

M. C. St. J. Birt, Esq., Deputy Bailiff, and Jurats Le Brocq, Tibbo, Bullen Georgelin, Clapham and King.

The Attorney General

-v-

Neil Andrew Gee

Sentencing by the Superior Number of the Royal Court, on 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 (General Provisions) (Jersey) Law, 1999.

Age: 23.

Plea: Guilty

Details of Offence:

On the 28^th January, 2006, the defendant was stopped at the Airport, whilst coming through Customs, having arrived from Durham Tees Valley. He was found to be carrying 6.93 grams of heroin internally with an average purity of 37%.

The heroin had a street value in Jersey of £7,000, with a wholesale value of between £1,400 and £1,750.

Details of Mitigation:

Guilty plea at his first court appearance. Accepted the Crown's version of events (that the heroin had been imported for commercial purposes and not for his own personal use) saving considerable time by avoiding a Newton hearing. Youth. Supportive family. Weaned himself off heroin at HMP and now drug free. Working in kitchens as chef and regularly attending the gym. Remorse. The defendant's parents had recently split up and he had moved to the Island in order to make a fresh start.

Previous Convictions:

3 convictions for 6 offences including the possession of heroin.

Conclusions:

Count 1:

4½ years' imprisonment. (Starting point of 7 years' imprisonment).

Sentence and Observations of Court:

Count 1:

4 years' imprisonment.

Forfeiture and destruction of the drugs is ordered.

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

Advocate R. C. L. Morley-Kirk for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1. You imported just under 7 grams of heroin concealed internally and, after maintaining for months it was for your personal use, you have now accepted that you were importing it for others as a courier.

2. We agree with the Crown that the starting point is 7 years' imprisonment, but in mitigation we take into account that you are only 23, that you have pleaded guilty and we do agree with your counsel that you should have the full discount for now accepting what you did and avoiding a Newton hearing.

3. We have noted the letter from your mother and the other mitigation which Advocate Morley-Kirk has mentioned. Also we are pleased to hear the progress you are making in prison to conquer your heroin dependency and we urge you to continue with that during the rest of your sentence.

4. All in all, as I say, allowing a full discount for the guilty plea we can reduce the conclusions slightly so the sentence is one of 4 years' imprisonment and we order the forfeiture and destruction of the drugs.

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