Jersey Unreported Judgments

[2007]JRC202

ROYAL COURT

(Samedi Division)

22^nd October 2007

The Attorney General

-v-

Lee Michael Boustouler

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

Age:  31.

Plea: Guilty.

Details of Offence:

On 2^nd May, 2007, the defendant entered the Magistrate's Court and was stopped by Police Officers and was taken to Police Headquarters for a strip search to be carried out.

This revealed two white plastic wraps attached to the defendant's lower abdomen.  He was arrested on suspicion of possession of controlled drugs.  A mobile phone and £615 cash were also seized.

The first bag contained 126 milligrams of heroin, whilst the second contained a total of 457 milligrams of the same.

At interview the defendant admitted wrapping the packages but stated that the drugs were for his personal use.  He also attempted to explain the amount of cash seized from him.

For the purposes of sentencing, Count 1 concerns the 126 milligrams, whilst Count 2 concerns the 457 milligrams of heroin.

Aggravating features:  defendant took the drugs into the Magistrate's Court.

Details of Mitigation:

Guilty plea, largely wrote his own indictment on Count 2, remorse, drug addict since age of 22, no previous trafficking offences on his record.

Previous Convictions:

Eight previous convictions for 21 offences, of which 7 were drug related.

Conclusions:

Forfeiture and destruction of the drugs is sought.

Confiscation order of £615 sought.

Sentence and Observations of Court:

Forfeiture and destruction of the drugs is ordered.

Confiscation order £615 made.

J. C. Gollop, Esq., Crown Advocate.

Advocate A. J. Olsen for the Defendant.

JUDGMENT

THE commissioner:

1.        The Crown Advocate has detailed the events.  Boustouler was found to have two packets of what turned out to be heroin concealed on his person, that had a street value of some £350.  He also had £615 in cash, which he has explained.

2.        A search of his home address revealed a quantity of plastic bag cut-outs, thought to be templates for preparing wraps for the storage of controlled drugs, but no controlled drugs were found in the premises and there were five empty blister packs of Temazepam and Diazepam.  Nothing else was found.

3.        In interview the defendant claimed that the drugs were for his personal use but he has now pleaded guilty to the offence with which he is charged.

4.        Rimmer Lusk & Bade v AG [2001] JLR 373 gives a starting point of 7 years and of course, as we have seen, there have been lower starting points in exceptional circumstances.  We have been through all these cases.  It is difficult to see that there were exceptional circumstances in this particular instance.  This was a supply of heroin on the street, albeit at a very low level.  He has not trafficked before and the Jurats have listened very carefully to Advocate Olsen and, of course, read the defendant's letter.

5.        This was a very small amount and we can see there is hope in the future.  We are going to sentence you on Count 1; 6 months' imprisonment, on Count 2; 2 years' imprisonment and those sentences will be concurrent. 

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

Authorities

Rimmer Lusk & Bade v AG [2001] JLR 373.