Jersey Unreported Judgments

[2006]JRC166

ROYAL COURT

(Samedi Division)

17^th November 2006

The Attorney General

-v-

Fernando Da Conceicao

Sentencing by the Inferior Number of the Royal Court, on guilty plea to:

Age:  29.

Plea: Guilty.

Details of Offence:

The Defendant is 29 years old, but was 25 at the time of the offending.

On Monday 15^th July, 2002, Police Officers from the Drugs Squad observed the Defendant, together with his wife and a third person, enter a flat for which the had obtained a warrant.

When the Defendant opened the front door to the flat as though he were about to leave, the warrant was executed.  When asked whether he had anything on him, the Defendant volunteered to the arresting officer that there was heroin in his hat.  Subsequently a cling film wrap containing powder (743mg) was seized and the Defendant was arrested.

During his interview, the Defendant admitted that he was a long-term heroin addict.  He stated that on the night of his arrest he and his wife had gone to the flat to purchase a gram of heroin from one of the occupants.  He stated that he had paid £200 for the drug.  After purchasing the heroin, the Defendant stated that he was so desperate to use the drug that he went into the kitchen at the flat in order to prepare the drug to inject both himself and his wife.  He further stated that he had purchased heroin from the same person over the previous two months.

The Defendant was charged and released on conditional bail.  He met all conditions up until his sentencing day when he failed to appear and his arrest was ordered.  It is believed that the Defendant absconded from the Island at this time.

The Defendant was subsequently arrested in London in September, 2006, on a separate matter and transported back to Jersey to be sentenced.

Details of Mitigation:

Guilty plea, not bad record, good working record, co-operation with Police, named supplier (written statement).

Previous Convictions:

7 previous convictions for 11 offences including 4 drug related.

Conclusions:

Sentence and Observations of Court:

The Court agreed with the Crown's conclusions, deemed appropriate in the circumstances but added that the Defendant deserved extra credit for naming his supplier.  This justified a substantial reduction.

Forfeiture and destruction of drugs seized.

Recommendation for deportation to Lieutenant Governor.

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

Advocate R. J. MacRae for the Defendant.

JUDGMENT

THE BAILIFF:

1.        Ordinarily we would have agreed with the Crown Advocate that the conclusions for which the Crown has moved is the appropriate sentence for possession of a small quantity of a Class A drug in the circumstances in which they were found upon this defendant.

2.        We do agree, however with counsel for the defendant, that naming one's supplier and giving a statement to the police confirming that information and expressing a willingness to give evidence for the prosecution on the trial of a supplier is a very significant mitigating factor.  The Court has in the past encouraged defendants to act in that way and the Court is always prepared to treat that as a very important mitigating circumstance, justifying a considerable reduction in the sentence to which the defendant would otherwise be liable.  In these circumstances we propose to reduce the conclusions for which the Crown Advocate has moved. 

3.        The sentence of the Court is that you will be sentenced to 4 months' imprisonment on the count to which you have pleaded guilty.  We will recommend to the Lieutenant Governor that you be deported from Jersey at the conclusion of your sentence and we hope that you might be able to take advantage of the fact that you have cleaned yourself of drugs whilst in custody when you return to Madeira and begin a new life.

No Authorities