Jersey Unreported Judgments

[2007]JRC122

ROYAL COURT

(Samedi Division)

22^nd June 2007

The Attorney General

-v-

Joao Paulo Martins Abreu

Sentencing by the Inferior Number of the Royal Court following a guilty plea to:

Age:  37.

Plea: Guilty.

Details of Offence:

The Defendant was a heroin addict.  He travelled to London to purchase 2.25 grams of heroin at a lower price than he could locally and concealed the same internally to avoid detection when returning on a flight to Jersey.

Details of Mitigation:

Guilty plea.  Co-operated with the investigating officers.  Remorse.  No previous convictions. Strong work ethic.  Apart from his addiction he was a worthwhile member of the community.  The quantity was relatively small and for personal use.  The Defendant was said to be motivated to free himself of his addiction.

Previous Convictions:

None.

Conclusions:

Starting point 7 years.

Forfeiture and destruction of drugs sought.

Recommendation for deportation sought.

Sentence and Observations of Court:

Starting point 7 years.

The Court considered there was strong mitigation and reduced the conclusions to 15 months in custody.

Forfeiture and destruction of drugs ordered.

Recommendation for deportation.

S. E. Fitz, Crown Advocate.

Advocate J. C. Gollop for the Defendant.

JUDGMENT

THE BAILIFF:

1.        This Defendant has pleaded guilty to the importation of 2½ grams of heroin with a street value of approximately £1000.  The heroin was concealed internally.  The Crown has accepted that the drugs were for the Defendant's personal use.  Abreu is an addict who began using heroin in January 2006.

2.        The Crown, on the basis of authorities of the Court of Appeal, took a starting point of 7 years' imprisonment.  Counsel for the Defendant has urged a lower starting point in the event that the Court was not willing to accede to the recommendation of background reports that a non-custodial order and treatment order be imposed.  We want to say, first of all, that the importation of heroin into this Island is a very serious offence which, as a matter of generality, must be dealt with by a custodial sentence.  We can find no exceptional circumstances in this case which direct us to any other conclusion.  So far as the starting point is concerned, we note that the Court of Appeal has recently considered its approach in the case of Shahnowaz -v- AG [2007] JCA 072, and we think we must therefore adopt the guidance given there and apply the guideline case of Rimmer.  We take therefore a starting point of 7 years' imprisonment.

3.        In mitigation, however, there is much to be said.  The Defendant pleaded guilty at the first opportunity and was co-operative with the investigating officers.  He has expressed remorse.  He is a first offender and has a strong work ethic.  Apart from his drug addiction he has been a worthwhile member of the community during the time he has lived in Jersey.  The importation was of a relatively small quantity of heroin.  There is, as we have said, strong mitigation available to him.

4.        We take all these matters into account and the sentence of the Court is that you will go to prison for 15 months on the offence to which you have pleaded guilty. 

5.        We turn now to consider the question of deportation.  The established test involves consideration by the Court of two limbs.  First, is the continued presence of the Defendant in the Island detrimental to the interests of the community?  Secondly, if the answer to that question is in the affirmative, are there human rights considerations which ought to persuade the Court not to recommend deportation?

6.        The facts of this case are that the Defendant is, as we have said, a heroin addict, who had been taking heroin for 15 months before he was arrested in March 2007.  He was consuming a relatively large quantity of the drug for someone who has not been taking it for a lengthy period.  He has admitted being involved with other drug takers and admitted sharing the heroin with those drug users.  He has contacts with drug suppliers in London.  He is assessed in the reports as being at medium risk of re-offending.

7.        We conclude that the Defendant's continued presence in the Island is detrimental to the interests of the community.  Sadly, addiction to heroin involves the risk of relapsing into drug use and we think, as a matter of generality, that heroin addicts are harmful to this society.  We, therefore, answer the first question in the affirmative.  The Defendant has lived in the Island for 9 years but does not have any close family resident here.  There are no human rights' considerations which militate against the making of a recommendation and we will therefore recommend that at the conclusion of his sentence the Defendant be deported from the Island.

Authorities

AG -v- Shahnowaz [2007] JCA 072.

Rimmer Lusk and Bade -v- AG [2001] JLR 373.