Jersey Unreported Judgments

[2008]JRC094

ROYAL COURT

(Samedi Division)

13^th June 2008

Before     :

J. A. Clyde-Smith, Esq., Commissioner, and Jurats Tibbo and King.

The Attorney General

-v-

Darren John Tanguy

Susanne Stewart

Sentencing by the Inferior Number of the Royal Court, following guilty pleas to:

Darren John Tanguy

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:  40.

Plea: Guilty.

Details of Offence:

On 1^st February 2008, Customs Officers intercepted a recorded delivery package addressed to a false name at Stewart's address.  The package contained 10 plastic containers holding a total of 10,000 pills of methandionone (anabolic steroid).  These were purchased by Tanguy in Thailand and during a stopover in England en route back to Jersey, he arranged for a friend to send them through the post for him.  Stewart had agreed to receive the package at her home address for him.  Methandionone is a Class C drug and has a street value in Jersey of £500-700.

Details of Mitigation:

Guilty plea at early opportunity; remorseful; made full admissions after initial denial of involvement; cooperative.  The tablets were for personal use and he would not make any financial gain from them.  Tanguy is a keen bodybuilder and dedicated to the sport.  He had undergone surgery for a brain tumour in 2006 and been unable to train for some time leading to loss of weight and muscle mass.  He purchased the steroids in Thailand (where they are much cheaper than in Jersey) to help him to build up again in order to enter a bodybuilding competitions.

Previous Convictions:

Previous convictions for 12 offences.  1 previous drug offence.  Last conviction was in 2001.

Conclusions:

Count 1:

180 hours' Community Service Order, equivalent to 12 months' imprisonment.

Cost order of £2,000 sought.

Forfeiture and destruction of the drugs is sought.

Sentence and Observations of Court:

Count 1:

120 hours' Community Service Order, equivalent to 6 months' imprisonment.

Costs order denied. 

Customs and Excise to release monies held by them in relation to Tanguy.

Forfeiture and destruction of the drugs is ordered.

The Court noted that neither of the defendants had drug habits and that Tanguy's use of the steroids was purely for the love of the sport and to regain his muscle tone after a serious illness.  The Court also took into account that Stewart had to look after her son full time and that he was incapable of living on his own.  The Court also took into consideration that Stewart had acted out of friendship and gained nothing for her part in the crime.

Suzanne Stewart

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) 1999.  (Count 1).

Age:  42.

Plea: Guilty.

Details of Offence:

See Tanguy above.

Details of Mitigation:

Guilty plea at early opportunity, full and frank admissions, assisted Customs in investigation; showed great remorse.  No personal gain whatsoever from helping Tanguy.  She cares for her teenage son who suffers from cerebral palsy.

Previous Convictions:

No relevant convictions.  Two common assault convictions from 2001.

Conclusions:

Count 1:

90 hours' Community Service Order, equivalent of 3 months' imprisonment.

Forfeiture and destruction of the drugs is sought.

Sentence and Observations of Court:

Count 1:

12 months' Binding Over Order.

Forfeiture and destruction of the drugs is ordered.

See Tanguy above for Court's comments.

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

Advocate C. L. Nicolle for the Defendants.

JUDGMENT

THE COMMISSIONER:

1.        The defendants have pleaded guilty to importing 10,000 steroid tablets with a street value of between £500 and £700.  Steroids are a Class C drug, the importation of which is prohibited. 

2.        There is no guidance or principle about steroids and the Crown has invited the Court to proceed by way of first principle, that the legislation has forbidden the importation of these substances and has set a significant penalty, namely a fine, imprisonment for a term of 5 years or both.

3.        We do note, however, that the acquisition of these steroids by the defendant Tanguy in Thailand was not an offence and it is not apparently an offence to import steroids into the United Kingdom for personal use.

4.        Stewart, acted out of friendship and gained nothing from this importation.  Tanguy had purchased the steroids in Thailand and sent them to her address.  He is a very keen body builder working at competition level and they were for his personal use, in particular following an operation, where he had suffered weight loss.  He knew importation was prohibited and is clearly the main offender.

5.        Turning to Stewart.  She has strong mitigation.  She was very co-operative with the authorities and pleaded guilty.  As I previously mentioned she did this for no personal gain.  It was an act of friendship.  She is clearly very remorseful and has been under considerable stress.  We are also aware that she has the full time care of a special needs child not yet able to live independently.  She has no relevant record of previous convictions and we have seen very strong and supportive references. 

6.        It was, Miss Stewart, very foolish of you to allow yourself to be used in this way, but we do feel that it is sufficient for you to be bound over for a year to be of good behaviour.

7.        Turning to Tanguy, you too have good mitigation.  You were co-operative after an initial period of time with the authorities and you pleaded guilty.  Your last offence was some 7 years ago and of course, as I have already mentioned, these steroids were for your personal use.  You too have very strong and supportive references and have been and are very remorseful.

8.        However, you knew it was an offence to import these steroids.  You knew the law of the Island and as you have acknowledged in your letter to us you involved an innocent person.  We therefore feel it is appropriate that you should serve a sentence of community service for what you have done.

9.        Stewart, you are bound over to be of good behaviour for a period of 12 months. 

10.      Tanguy, you will serve, 120 hours' Community Service, which is the equivalent sentence of 6 months' imprisonment.

11.      In terms of costs - we decline to make an order for costs. 

12.      We order the forfeiture and destruction of the drugs, and we order Customs and Excise to release the moneys held in relation to Tanguy.

No Authorities