Jersey Unreported Judgments

[2007]JRC194

ROYAL COURT

(Samedi Division)

11^th October 2007

Before     :

M. C. St. J. Birt, Esq., Deputy Bailiff, and Jurats de Veulle, Le Cornu, Morgan, Newcombe, and Liddiard.

The Attorney General

-v-

Jose Manuel De Sousa Nobrega

Jose Dinarte Berenger Franco

Pedro Alexandro Jesus De Conceicao

Sentencing by the Superior Number of the Royal Court, to which the accused were remanded by the Inferior Number on 17^th August, 2007, following guilty pleas to the following charges:

Jose Manual De Sousa Nobrega

1 count of:	Being knowingly concerned in the fraudulent evasion of a prohibition on the importation of a controlled drug, contrary to Article 61(2)(b) of the Customs and Excise (Jersey) Law 1978. (Count 1).
1 count of:	Possession of a controlled drug with intent to supply, contrary to Article 8(2) of the Misuse of Drugs (Jersey) Law 1978.  (Count 2).

Age:  39.

Plea: Guilty.

Details of Offence:

On 21^st April, 2007, Jose Nobrega brought 27 grams of heroin from London to Jersey concealed in a shampoo bottle.  The importation was organised with the help of Franco and Conceicao.  Franco was asked by someone to arrange for heroin to be brought to Jersey.  He contacted Conceicao and asked him to assist.  Conceicao was involved with buying the heroin and he arranged the purchase of Nobrega's airline ticket to Jersey and gave him money for expenses.  Franco was to receive the drugs in Jersey but the police intercepted Nobrega before this happened.

Details of Mitigation:

Guilty plea, good character, fully co-operative with the police, remorseful, and two daughters.

Previous Convictions:

None.

Conclusions:

Nobrega was the courier.  He admitted his involvement when interviewed by the police and named Conceicao.  He was to receive £2,000 for his part in the importation.

The defendant pleaded guilty at an early stage and has shown remorse.

Starting point 8 years' imprisonment.

Count 1:

3½ years' imprisonment.

Starting point 8 years' imprisonment.

Count 2:

3½ years' imprisonment, concurrent.

Total: 3½ years' imprisonment.

Confiscation order in the amount of £498.71 sought.

Forfeiture and destruction of drugs sought.

Recommendation for deportation sought.

Sentence and Observations of Court:

Conclusions granted.

The Court noted that none of the defendants had previously offended and none had a drug habit.  The Court accepted that Nobrega had a more junior role and therefore should have a lower starting point and lower sentence.  The Court also took account of the guilty pleas and remorse shown by all defendants and that in each case this was out of character, but that this was allowed for in the Crown's conclusions which were granted.

Jose Dinarte Berenguer Franco

1 count of:

Being knowingly concerned in the fraudulent evasion of a prohibition on the importation of a controlled drug, contrary to Article 61(2)(b) of the Customs and Excise (Jersey) Law 1978. (Count 1).

Age:  25.

Plea: Guilty.

Details of Offence:

See Nobrega.

Details of Mitigation:

Guilty plea, only minor previous convictions for motoring offences, remorseful, good employment record, and low risk of re-offending.

Previous Convictions:

Minor motoring convictions only and to be treated as of good character.

Conclusions:

Franco had a significant role - he asked Conceicao to arrange to import the drugs and he was also to receive the drugs in Jersey.  He says he was to receive £2,000 for doing so.

The defendant's guilty plea and good character should be taken into account.

Starting point 8½ years' imprisonment.

Count 1:

4 years' imprisonment.

Order sought for forfeiture or costs or fine in the sum of £430 (amount found in cash in defendant's possession at time of arrest).

Forfeiture and destruction of drugs sought.

Recommendation for deportation order sought.

Sentence and Observations of Court:

Starting point 8½ years' imprisonment.

Count 1:

4 years' imprisonment.

No forfeiture of cash ordered as no evidence the money found was connected to this offence.

Forfeiture and destruction of drugs ordered.

Recommendation for deportation made.

See Nobrega.

Pedro Alexandro Jesus De Conceicao

1 count of:

Being knowingly concerned in the fraudulent evasion of a prohibition on the importation of a controlled drug, contrary to Article 61(2)(b) of the Customs and Excise (Jersey) Law 1978. (Count 1).

Age:  39.

Plea: Guilty.

Details of Offence:

See Nobrega.

Details of Mitigation:

Guilty plea, good character, remorseful, low risk of re-offending, and young daughter.

Previous Convictions:

None.

Conclusions:

Conceicao was involved in the organisation and financing of the importation.  He made belated admissions to the police.

The defendant pleaded guilty and is of good character.

Starting point 8½ years' imprisonment.

Count 1:

4 years' imprisonment.

Forfeiture and destruction of drugs sought.

Recommendation for deportation order sought.

Sentence and Observations of Court:

Conclusions granted.

See Nobrega.

S. M. Baker, Esq., Crown Advocate.

Advocate W. Grace for Nobrega.

Advocate M. J. Haines for Franco.

Advocate D. S. Steenson for De Conceicao.

JUDGMENT

THE DEPUTY BAILIFF:

1.        These three defendants were concerned in the importation of 27 grams of heroin with a street value of up to £27,000.  Somewhat unusually none of them has previously offended and none of them has a drug habit.  Their motivation appears to have been financial.  We will consider the role of each defendant individually, but the Crown has correctly pointed out that the applicable bracket for the starting point, under the Rimmer guidelines, is 8-10 years for 20-50 grams of heroin.

2.        Nobrega, you were the courier.  You were asked to do this drug run by Conceicao.  You expected to receive a fee of £2,000.  You were then to hand the drugs over to Franco on arrival in Jersey.  We agree with the Crown's starting point of 8 years in your case. 

3.        We accept that there is considerable mitigation in each of your cases.  In your case you pleaded guilty.  This was of value.  You made admissions when you were interviewed by the police, including the names of your co-accused.  You have no previous convictions and we accept that this offending was out of character.  It was committed when you had financial problems.  We have seen the references written on your behalf and we accept that you are remorseful and that the consequence will be to separate you from your children.  We consider the Crown has taken all of that mitigation sufficiently into account.

4.        The sentence of the Court in your case is 3½ years' imprisonment, concurrent, on each count.

5.        In relation to deportation you do not oppose that.  As the Court said in the case of AG v De Carvalho [2007] JRC 087, the importation, or dealing, in Class A drugs, is extremely serious and the Court takes that into account when deciding whether the presence of foreign drug dealers in Jersey as detrimental.  We are quite satisfied that your continued presence in Jersey would be detrimental.  You do not oppose deportation, you have no connection with Jersey, you have lived in London for some 12 years and it will be a matter for the UK authorities as to what, if any, order they make.  But so far as Jersey is concerned we do not consider it disproportionate and we therefore make a deportation order.

6.        Franco, at the request of another in Jersey, you contacted Conceicao and asked him to get the heroin and arrange for its importation into Jersey.  You were to receive it from Nobrega and pass it on to others in Jersey.  You too expected to be paid £2,000.  The Court agrees with the Crown that the involvement of you and Conceicao was greater than that of Nobrega.  You were involved in instigating this from the Jersey end and Conceicao was involved in organising it at the UK end.  Therefore we agree with the starting point of 8½ years. 

7.        You too have strong mitigation.  You have pleaded guilty, you made admissions when you were interviewed by the police, you are of good character, and we accept that this is wholly out of character.  We have read your letter of remorse and we accept that it is genuine.  We have also read the references and we note that you have been regularly employed whilst in Jersey.  Nevertheless we conclude that the Crown has allowed sufficient deduction by way of mitigation.

8.        The sentence in your case is one of 4 year's imprisonment.  We make no order as to a fine or costs or forfeiture as there is no reason to distinguish you from the others and there is no evidence before us that the money related to this deal.

9.        As to deportation you too do not oppose a recommendation, but again we must be satisfied that it is appropriate.  For the reasons mentioned earlier we find your continued presence in Jersey to be detrimental because of the seriousness of dealing in Class A drugs.  You were born and brought up in Madeira, you have two brothers still there, you came to Jersey 8 years ago, you have no family here, you have a girlfriend, as from February this year, but you were remanded in custody in April.  You girlfriend is Portuguese.  We are quite satisfied that it is not disproportionate to order your deportation and we therefore make a recommendation.

10.      Conceicao, you were approached by Franco and you organised things from the London end.  You purchased Nobrega's flight tickets.  As already mentioned we consider that the involvement of you and Franco was greater than that of Nobrega and therefore we agree the starting point of 8½ years.

11.      You too have strong mitigation.  Your guilty plea is of value, you are of good character having never previously committed any offences, you are remorseful, the sentence will separate you from your daughter aged 5, and we accept that you have been regularly employed in London and this is out of character.  But again we consider the Crown has made enough allowance.

12.      Therefore the sentence in your case is one of 4 years' imprisonment.

13.      As to deportation, you do not oppose it.  We agree your presence in Jersey would be detrimental.  You also have no Jersey connections.  You moved from Madeira to London in February 2000 and it would not therefore be disproportionate to deport you from Jersey.  We therefore make a recommendation.

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

Authorities

Rimmer, Lusk and Bade v AG [2001] JLR 737.

AG v De Carvalho [2007] JRC 087.