Jersey Unreported Judgments

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Cite as: [2006] JRC 123

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[2006]JRC123

ROYAL COURT

(Samedi Division)

5^th September 2006

Before :

Sir Philip Bailhache, Kt., Bailiff, and Jurats Bullen, Le Breton, Georgelin, Clapham, King and Le Cornu..

The Attorney General

-v-

Paul Scott Boyle

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 9th June, 2006, following a guilty plea to the following charges:

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: 40

Plea: Guilty

Details of Offence:

Being involved with the importation of a controlled drug on 27^th March 2006 at the States of Jersey Airport, in the Parish of St Peter. Two packages of heroin containing 27.40 grams and 24.77 grams respectively, consisting of 31% and 30% by weight of diamorphine.

Details of Mitigation:

Suffers depression, intention to commit suicide. Lost his job. Personal problems including being apart from his children.

Previous Convictions:

1 conviction for theft. 1 conviction for attempted housebreaking with intent to steal. 1 conviction for supplying a controlled drug. 2 convictions for assault.

Conclusions:

Count 1:

8 years' imprisonment (starting point 9 years).

Sentence and Observations of Court:

Count 1:

6½ years' imprisonment.

Court agreed with starting point but wished to reduce conclusions to 6 ½ years' as act of mercy.

N. M. Santos-Costa, Crown Advocate.

Advocate M. J. Haines for Boyle.

JUDGMENT

THE BAILIFF:

1. Boyle was arrested at the harbour and later found to have packets of heroin concealed internally. The weight of the heroin was about 52 grams and it had a local street value of about £52,000. The Defendant claimed that the heroin was for his personal use and that he had intended to use it to end his life. He has been an addict for more than 4 years but has abused drugs for very much longer. The quantity of heroin imported was clearly a commercial amount and that has been accepted by the Defence. Notwithstanding that there is no evidence of any intent to supply, there was clearly a risk that part of such a quantity of heroin might have found its way into the possession of others.

2. The Defendant has a bad record, including a conviction for supplying drugs in 1998. The Crown Advocate has taken a starting point of 9 years' imprisonment and we think that is the correct starting point.

3. In mitigation the Defendant has pleaded guilty to the Indictment. His personal life is in turmoil and the combination of all his difficulties has caused him to become depressed and to have contemplated suicide. We have been impressed by a letter from the drug counsellor in England and by the fact that the Defendant has been trying in prison to put his life together again.

4. Boyle, we have read the letter from your mother and grandmother and we want to tell you that we think that you are capable of resolving the problems that have confronted you in recent years. We are going to temper justice with mercy. We must punish you for what you did, but we are going to make a slightly greater allowance for the mitigation than was made in the conclusions and you are sentenced to 6½ years' imprisonment.

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