Jersey Unreported Judgments

[2007]JRC101

ROYAL COURT

(Samedi Division)

18^th May 2007

Before     :

M. C. St. J. Birt, Esq., Deputy Bailiff, and Jurats de Veulle and Clapham.

The Attorney General

-v-

Joao Filipe Duarte dos Santos

Maria Rosalina Gomes Henriques

Sentencing by the Inferior Number of the Royal Court, following guilty pleas to:

Joao Filipe Duarte Dos Santos

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 (Jersey) Law 1999.  (Count 1).
1 count of:	Possession of a controlled drug, contrary to Article 8 (1) of the Misuse of Drugs (Jersey) Law, 1978.  (Count 2).

Age:  26

Plea: Guilty.

Details of Offence:

On 12^th October, 2006, Dos Santos and Henriques collected 6 kgs of cannabis resin (with a Jersey street value of £34,500) from an unknown source in Paris and smuggled it into Jersey on 13^th October, 2006 on the ferry from St Malo.  The cannabis was concealed in Henriques' suitcase.  She had been chosen as the mule because she was travelling with her baby and was less likely to be searched.  Dos Santos, who lived in Jersey, travelled to Paris to meet her and escorted her back to Jersey acting as her minder.  The cannabis was found as she landed.  Dos Santos was stopped and searched.  His Jersey flat was searched and a photograph of Henriques was found, together with a small amount of personal use cannabis, (Count 2).  Each defendant claimed not to know the other but evidence from Condor Ferries showed that their tickets were directly consecutive and had been purchased three minutes apart.

Details of Mitigation:

Henriques confessed in interview.  Dos Santos initially denied the offence however he pleaded guilty in the Royal court at the first opportunity.  Fell to be sentenced as couriers only.  Guilty pleas.  Youth and a young child in the case of Henriques.  Previous good character.  Henriques assessed as low risk of re-offending.  Dos Santos as a high risk.

Previous Convictions:

None.

Conclusions:

Count 1:	2 years' imprisonment.  (Starting point:  4 years).
Count 2:	2 months' imprisonment, concurrent.
Total:	2 years' imprisonment.

Forfeiture and destruction order sought.

Sentence and Observations of Court:

Count 1:	21 months' imprisonment.  (Starting point:  3½ years).
Count 2:	2 months' imprisonment, concurrent.
Total:	21 months' imprisonment.

Conclusions reduced to 21 months' imprisonment on Count 1, conclusions on Count 2 allowed.  No recommendation for deportation for Dos Santos because of emotional hardship for his parents who live in Jersey. 

Forfeiture and destruction of drugs ordered.

Maria Rosalina Gomes Henriques

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 (Jersey) 1999.  (Count 1).

Age:  20

Plea: Guilty.

Details of Offence:

See above.

Details of Mitigation:

See above.

Previous Convictions:

None.

Conclusions:

Count 1:

2 years' youth detention.  (Starting point:  4 years).

Forfeiture and destruction order sought.

Deportation Order sought.

Sentence and Observations of Court:

Count 1:

1 year's youth detention.  (Starting point:  3½ years).

Conclusions reduced to 12 months' youth detention. 

Deportation Order recommended.

Forfeiture and destruction of drugs ordered.

M. T. Jowitt, Esq., Crown Advocate.

Advocate S. A. Pearmain for the Henriques.

Advocate J. M. Grace for dos Santos

JUDGMENT

THE DEPUTY BAILIFF:

1.        These two defendants jointly imported 6 kilos of cannabis to the Island.  The cannabis had a street value of about £34,000.  The drugs were contained in a suitcase carried by Henriques.  The defendants have given differing versions of events at different times.  But there is now an agreed document setting out their respective parts and we sentence them both on the basis of that document.

2.        They are both, therefore, to be treated simply as couriers, with Henriques actually carry the drugs and Dos Santos acting as her minder during the trip.

3.        We must consider first the starting point by applying the Campbell guidelines.  The Crown has taken a starting point of 4 years being midway in the bracket of 2 - 6 years for 1 to 10 kilos.  We think that having regard to the nature and scale of their involvement the correct starting point is 3½ years.  That applies to both defendants as no distinction is to be drawn in their role.

4.        We turn now to Mr Dos Santos and the matters in mitigation.  There is first of all his guilty plea, and we agree with his advocate that we should give a full discount for that.  There is also his previous good character and the references and letters that we have been handed up.  However, it is also clear from the background report that he is at high risk of re-offending.

5.        Taking all those matters into account the sentence we pass on Mr Dos Santos is as follows.  On Count 1; 21 months' imprisonment.  On Count 2; 2 months' imprisonment, concurrent, total of 21 months' imprisonment.

6.        We have also considered the question of deportation for Mr Dos Santos.  We are in no doubt that his continued presence in the Island is detrimental, given the nature of the offence he has committed and the high risk of re-offending.  However, the Crown did not ask for a deportation order.  We have given this matter very anxious consideration, but on balance we have just been persuaded not to make a recommendation on this occasion because of the hardship which would be caused to his parents.  He must realise though that if he appears before this Court again a deportation recommendation would seem to be almost inevitable.

7.        We turn now to Henriques.  In her case she has also pleaded guilty and she is of previous good character.  There is considerable mitigation in her case which is not available to Dos Santos.  First, there is her youth at the age of twenty.  We agree with the Crown that the offending is so serious that a non-custodial sentence cannot be justified but nevertheless her youth remains an important mitigating factor.  

8.        We have considered carefully the references and letters from members of her family and others.  We also note that unlike Dos Santos she is assessed at being of low risk of re-offending, and we also note that she is separated from her very young child and the effect this will be having upon the child.  Given this mitigation and with a degree of mercy because of the position of her child, we propose to reduce the conclusions.

9.        The sentence in your case is a sentence of 1 year's youth detention.  That will mean your release in a comparatively short period. 

10.      As to deportation we agree that her presence in the Island is detrimental.  There are no innocent persons in the Island who would be affected by her deportation and we therefore recommend it.

11.      We order the forfeiture and destruction of the drugs.

Authorities

Campbell -v- AG [1995] JLR 136.