Jersey Unreported Judgments

[2008]JRC124

ROYAL COURT

(Samedi Division)

5^th August 2008

The Attorney General

-v-

Renato Nunes De Oliveira

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 4^th July, 2008, following a guilty plea to the following charge:

Age:  26.

Plea: Guilty.

Details of Offence:

26^th April, 2008, defendant stopped at airport.  Four condoms held internally totalling 9.87 grams of heroin.

Details of Mitigation:

Importation for personal use only (accepted by Crown) with possibility of social supply to two brothers with whom he lived.  Good character.  Tested negative in prison.  Strong local ties and should not be deported.

Previous Convictions:

None.

Conclusions:

Starting point 8 years' imprisonment.

Forfeiture and destruction of drugs and paraphernalia sought.

Recommendation for deportation sought.

Sentence and Observations of Court:

Starting point 7 years' imprisonment

Forfeiture and destruction of drugs and paraphernalia ordered.

Recommendation for deportation made.

Superior Number followed Shanowaz-v-AG, thus departing from the line of authorities including Gregory-v-AG [1997] JRL 1 and Finnigan-v-AG [2004] JLR 179 - accordingly Rimmer now applies to all importations even when importation for personal use. Personal use merely a mitigating factor.

R. J. MacRae Esq., Crown Advocate.

Advocate J. M. Grace for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        Mr De Oliveira you imported some 9.87 grams of heroin with a street value of some £9,800, concealed internally.  Fortunately you were stopped at the airport.  You are a heroin addict.  You say that the heroin was for your own use and we are going to sentence you on that basis although it is possible that some might have been shared with your brothers, with whom you live. 

2.        The first question is the starting point.  The Crown suggests 8 years which is the middle of the applicable Rimmer bracket of 7-9 years for between 1 and 20 grams.  We have raised with counsel whether the deduction for the fact that it was for your personal use is to be considered in the starting point or by way of mitigation.  It is clear from the recent case of Shahnowaz -v- AG [2007] JLR 221, that it should be considered by way of mitigation.  Nevertheless the starting point must still take into account the scale and nature of your activity and involvement in drugs and in all the circumstances of this case, we think a starting point of 7 years is correct being at the bottom of the applicable Rimmer bracket. 

3.        In mitigation we take into account your guilty plea at the earliest opportunity, although it was perhaps inevitable as the drugs were concealed internally.  You have no previous convictions.  We have read the letters from you and your family and others.  We take into account that these drugs were for personal use, and we have carefully considered the reports before us, from which we note that although your previous efforts to rid yourself of your addiction with the help of the Alcohol and Drug Service were unsuccessful, you are now drug free in prison and say that you are determined to conquer your addiction. 

4.        Having regard to these matters and all the mitigation available to us on the papers, we think that the correct sentence is one of 3 years' imprisonment.  

5.        Turning to deportation, we have no doubt that your continued presence in the Island would be detrimental.  The importation of class A drugs is a serious offence and you have a long-standing heroin addiction.  We turn next to consider your rights under Article 8 of the European Convention on Human Rights.  You came to Jersey from Madeira about 5 or 6 years ago, you have two brothers here and a girlfriend.  However, your other siblings are in London, your parents are in Madeira and your son by a previous relationship is in Madeira.  We regard your connections with the Island as being comparably modest and in all the circumstance we do not think it would be disproportionate to recommend deportation.  We therefore recommend that you be deported at the end of your sentence.

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

Authorities

Shahnowaz-v-AG [2007] JLR 221.

European Convention on Human Rights.

Rimmer and Others-v-AG [2001] JLR 373.

Mendes-v-AG [2003] JCA 106.

R-v-Nazari [1980] 3 ER 880.

Gregory-v- AG [1997] JRL 1.

Finnigan-v-AG [2004] JLR 179.