Jersey Unreported Judgments

[2007]JRC181

ROYAL COURT

(Samedi Division)

27^th September 2007

The Attorney General

-v-

Colin Anthony Trenear

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 29^th July, 2007, following a guilty plea to the following charges:

Age:  40.

Plea: Guilty.

Details of Offence:

On 15^th May at 0650 hours, Officers on duty at the Post Office, Rue des Pres, examined an A5 window envelope addressed to D. Smith, at a flat in Drury Lane, St. Helier which was found to contain a package of brown powder which field tested positive for heroin.

A replica of the envelope and its contents was delivered to the mail box of the flat in Drury Lane.  Shortly afterwards Officers observed the Defendant approach the block of flats and enter the lobby area.  He re-emerged a few moments later when Customs Officers arrested him.

The Defendant then handed the white envelope, previously placed in the mail box for the flat, to the Officers.  The Defendant was searched and a black Nokia mobile telephone and a section of coat-hanger wire, which had been folded in two, were recovered.  (Count 1).

Later that day Officers gained access to the Defendant's home address.  The property was searched and signs of substance misuse were found in the main bedroom including needles, scales, burnt foil and citric acid.  A wrap of brown powder was found on the bedside table which field tested positive to heroin.  (Count 2).

During the interview the Defendant admitted collecting the latter packet for an unnamed third party who would give him a small amount of heroin for reward.  He said he was unaware that it contained controlled drugs.  He admitted that the heroin found by his bedside belonged to him.

The letter package was found to contain 26.13 grams of heroin with 36% by weight diamorphine with a street value of between £6,532 and £13,065.  The wrap of brown powder was found to contain 0.6459 grams of heroin, also with 36% by weight diamorphine.

Details of Mitigation:

Guilty plea, co-operative, prompt full admissions, remorse, capacity for reform and difficult background.

Previous Convictions:

23 previous convictions for 53 offences, including 10 drug offences.

Conclusions:

Starting point 8 years' imprisonment.

Total: 3½ year's imprisonment.

Benefit of £3,000 - Confiscation Order in nominal amount of £1 sought.

Forfeiture and destruction of drugs sought.

Sentence and Observations of Court:

Starting point 8 years' imprisonment.

Total: 3 year's imprisonment.

Confiscation Order in nominal amount of £1 made.

Forfeiture and destruction of drugs ordered.

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

Advocate J. M. Grace for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        Mr Trenear you have a long standing heroin addiction and you have been before the Court on many occasions for possession of drugs.  You have been given many chances to turn your life around previously by way of probation orders, but you have not taken advantage of them.  Now you are before us for helping a dealer to import 27 grams of heroin by paying in money and by collecting the drugs which had been posted to an address in Jersey.

2.        Your counsel has very realistically accepted that there is no alternative to prison and we agree that the correct starting point is 8 years.  Advocate Grace has urged that we should allow more by way of mitigation than has the Crown.  She refers to your guilty plea and to your co-operation when interviewed.  We also have noted the contents of the various reports and, in particular, the psychological report which says that you have much potential, if only you could conquer your drug addiction.  In that respect we are particularly pleased to see from the reports and from your letter the real efforts you appear to be making to conquer your addiction and we hope very much that you will keep that up because until you do the future is not good.  If you can conquer your addiction we believe, as does the psychologist, there is much potential and that you have a real chance to turn your life around.  We have carefully considered your letter and the letter from your partner and the effect that your absence is having on the family.  Having regard to all the mitigation which appears on the papers we are satisfied we can reduce the conclusions a little as requested by your Advocate.

3.        The sentence is 3 years' imprisonment on Count 1, 9 months' imprisonment, concurrent, on Count 2, making 3 years in all. 

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

No Authorities