Jersey Unreported Judgments

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Cite as: [2007] JRC 222

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[2007]JRC222

ROYAL COURT

(Samedi Division)

26^th November 2007

Before :

F. C. Hamon, Esq., O.B.E. Commissioner and Jurats Le Brocq, Bullen, Le Breton, King, Newcombe and Liddiard.

The Attorney General

-v-

Philip Arthur Bunce

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

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).

Age: 21.

Plea: Guilty.

Details of Offence:

On arriving at Elizabeth Harbour, the defendant and his friend were questioned by a Customs Officer. The defendant denied carrying anything of a prohibited nature, but following x-ray, foreign objects were seen in his lower abdomen. Later, whilst using the Customs toilet, the defendant passed a small, white coloured, plastic wrapped package.

The contents of this package was analysed and found to contain 13.97 grams of brown powder consisting of 37% by weight diamorphine with an estimated street value of between £3,493 and £6,985.

When the Defendant was interviewed he cleared his travelling companion of any involvement in the importation and admitted that he would have sold the drugs on himself had he not been arrested.

Details of Mitigation:

Guilty plea, youth (20 at time of offence), references.

Previous Convictions:

7 previous convictions for 14 offences including 3 for possession of cannabis.

Conclusions:

Starting point 8 years' imprisonment.

Count 1:

4 years' youth detention.

Forfeiture and destruction of drugs sought.

Sentence and Observations of Court:

Starting point 8 years' imprisonment.

Count 1:

3½ years' youth detention.

Forfeiture and destruction of drugs ordered.

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

Advocate S. A. Pearmain for the Defendant.

JUDGMENT

THE COMMISSIONER:

1. Bunce was stopped at the Elizabeth Terminal by Customs Officers on 12^th July. The Crown Advocate has outlined the facts very clearly, but it was only on an x-ray that a foreign body was shown as being present in his lower abdomen. There was later revealed a small, white coloured, plastic wrapped package containing 13.97 grams of brown powder consisting of 37% by weight of diamorphine or heroin. The street value in Jersey is between £3, 493 and £6,985.

2. Bunce accepted, when indicted on 14^th September, 2007, that the drugs were not for his personal use and that he would have supplied the heroin had he not been arrested. It is noteworthy that his urine, when he was eventually able to give a sample, was clear of opiates when tested at Customs, yet he told the Probation Officer and Mr Gafoor that the drugs were for his personal use.

3. He is 21 and has pleaded guilty. Rimmer, Lusk and Bade v AG [2001] JLR 373 sets the starting point between 7 and 9 years for trafficking between 1 and 20 grams of Class A drugs in powdered form.

4. The Crown has taken a starting point of 8 years and the Crown has argued that Bunce is not entitled to a full third because the drugs were found on him.

5. Bunce did absolve the other person who was travelling with him of all knowledge of the importation. At the age of 21 he has numerous other offences including three for possession of cannabis. He has spent time in youth custody in Jersey. We have read the references, handwritten, supplied by some of his family and by a previous employer. A very large number of his family have come to Jersey for this hearing and that is something for which he must be very grateful but he has been convicted of a serious crime.

6. It is unfortunate that while in gainful employment he injured his hand while as he put it "messing about with a friend". He had brought the heroin in to sell and has currently a high risk of reoffending. He is very much, in our opinion, on the very cusp of a life of crime. We have read the letters most carefully and have noted that he is making steps to better himself in prison. We welcome this. He absolved his travelling companion and he has already laid out plans to help himself while in prison. This is a serious offence and its consequences could have been extraordinarily serious.

7. We hope that you make use of your time in prison. We are going to give you a full one third for your guilty plea and the statement that you made that you intended to deal in these drugs. In the particular circumstances you will serve 3½ years' imprisonment.

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

Authorities

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