Jersey Unreported Judgments

[2006]JRC173

ROYAL COURT

(Samedi Division)

30^th November 2006

The Attorney General

-v-

Abu Khaled

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

Age:  20

Plea: Guilty

Details of Offence:

Defendant arrived at Jersey Airport and was questioned by Customs Officers.  He gave a false story about the reason for his journey.  He denied carrying any drugs, but following X-ray, foreign objects were seen in his abdomen.  Later, whilst in a detention room, the Defendant was seen to act suspiciously whilst eating.  A search was carried out and it appeared that the Defendant had attempted to hide two packages he had excreted.  The Defendant denied ownership and knowledge of the packages which were found to contain 27.59 grams and 27.6 grams of brown powder consisting of 36 and 35 % by weight of diamorphine for an estimated street value of between £11,000 and £27,600.

When the Defendant was interviewed he said that he had come to Jersey about seven or eight weeks prior to his arrest on the promise of a job from a man known only as Junior.  The job had never materialised, but over a two month period the Defendant had travelled back and forth to the UK on a regular basis - once maybe twice a week - during which time he claimed to have visited his family and girlfriend while changing Jersey money to English money for Junior.  The Defendant added that his bank accounts held money that Junior had asked him to look after.

Details of Mitigation:

Guilty plea, youth, first drug related offence, remorse, co-operation with Police, named supplier in open Court.

Previous Convictions:

5 previous convictions comprising 11 offences.

Conclusions:

Sentence and Observations of Court:

Forfeiture and destruction of the drugs ordered.

The Court, after considering the Young Offenders Law, found that a non-custodial sentence could not be justified for a Defendant who brings an "evil" drug into the Island despite not being a drug addict.

The Court accepts the Crown's starting point of 9 years, but reduced it further than in the conclusions to take into account that the Defendant named his supplier in open Court.

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

Advocate J. M. Grace for the Defendant.

JUDGMENT

THE COMMISSIONER:

1.        Khaled brought into Jersey internally 55.19 grams of heroin.  He has of course no connection in the Island.  Because he was 19 at the time of the offence he falls to be sentenced under Article 4 of the Criminal Justice (Young Offenders) (Jersey) Law 1994. 

2.        Advocate Grace accepts that the offence is so serious that only a prison sentence can result.  He is not a drug addict and yet he apparently was prepared to bring this evil drug into Jersey.  He is, however, assessed as 'medium risk' of re-offending although this is his first drug offence.

3.        He entered a guilty plea on 12^th September and he has written a letter of remorse.  We have, of course, read very carefully the other letters that have been supplied to us.  He has, despite his original view, given instructions to his counsel to name his supplier in open court.  That clearly requires courage and we must give credit for it.

4.        The fact that he was threatened with a knife, and apparently threats were made to his family are of no significance in mitigation.  The Courts in Jersey have consistently held the view that couriers must accept the consequence of their action, and the importation of this seriously dangerous drug could have caused untold misery and indeed might have lead to more serious crime had it not been detected.

5.        Khaled has no previous drug convictions and he is still a young man.  We must dispute, despite Advocate Grace's strong argument, that the starting point is not 9 years, and on that basis we are prepared to follow the conclusions of the Crown, but because he has named his supplier in open court there must be a concession.

6.        You are going to receive a sentence of 4 years youth detention and, of course, we order the forfeiture and destruction of the drugs.

Authorities

Criminal Justice (Young Offenders)(Jersey) Law 1994.