Jersey Unreported Judgments

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Cite as: [2006] JRC 124

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[2006]JRC124

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-

Joanna Marguerite Denise Mesney

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 7th July, 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. (Count 1).
1 count of:	Possession of a controlled drug with intent to supply it to another, contrary to Article 8(2) of the Misuse of Drugs (Jersey) Law, 1978. (Count 2).

Age: 33.

Plea: Guilty.

Details of Offence:

Defendant imported a total of 124.12 grams of cocaine by secreting the drugs internally. Street value approximately £9,870, wholesale value approximately £7,860. At interview she admitted that she had not paid for the cocaine but would do so once she had sold them on. Subsequently, the Social Enquiry Report revealed that following serious threats from a drug dealer, she had carried out the importation to clear her boyfriend's drug debts.

Details of Mitigation:

Following x-ray, Defendant admitted she was carrying cocaine and made admissions at interview. Guilty plea. Minor mitigation re threats. Excellent personal references.

Previous Convictions:

Two minor criminal convictions.

Conclusions:

Count 1:	4 years imprisonment.
Count 2:	Withdrawn.

Drugs to be forfeit and destroyed.

Sentence and Observations of Court:

Conclusions granted.

S. Sharpe, Crown Advocate.

Advocate N. J. Chapman for Meseney.

JUDGMENT

THE BAILIFF:

1. This Defendant has pleaded guilty to the importation of 124 grams of cocaine and to the possession of the same drugs with intent to supply. The drugs were concealed internally. At first she denied any involvement in drug trafficking, but eventually it was impossible to maintain those denials.

2. The Defendant claims not to abuse drugs herself. She was intending to sell on the drugs. The street value of the drugs is estimated to be just under £10,000. She told the Probation Officer that she had carried out the importation to clear her boyfriend's drug debt. She did not pay for the drugs, which indicates a high level of trust in her by her supplier. The Crown has taken a starting point of 11 years' imprisonment.

3. In mitigation the Defendant has pleaded guilty to the Indictment and has expressed remorse. Her Counsel placed before us an impressive collection of references from family and friends, testifying to the Defendant's general good character before this offence was committed. Amongst them is a letter from the Defendant herself, which realistically accepts that she must be punished for what is a very serious offence having the capacity to spread amongst numbers of other people the vicious habit of taking cocaine.

4. The Crown Advocate has made a very generous allowance for all the mitigating factors which are in your favour. The conclusions are granted and you are sentenced to 4 years' imprisonment, and we order the forfeiture and destruction of the drugs.

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