Jersey Unreported Judgments

[2008]JRC185

ROYAL COURT

(Samedi Division)

28^th October 2008

The Attorney General

-v-

Carl Andrew Nelson

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

Age:  31.

Plea: Guilty.

Details of Offence:

5,052 tablets imported in total.  Hidden in hire car (in the spare wheel).  Defendant had run up a debt to his dealer in Liverpool. 

Details of Mitigation:

Man of previously very good character, good references, two young children.

Previous Convictions:

None.

Conclusions:

Starting point 12 years.

Forfeiture and destruction of drugs ordered.

Sentence and Observations of Court:

Starting point 12 years.

Forfeiture and destruction of drugs ordered.

H. Sharp, Esq., Crown Advocate.

Advocate S. A. Pearmain for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        This is in many ways a very sad case.  Until the age of 30 you had led a blameless life.  You are the father of 2 children, you are in a loving relationship, you are looking after your mother, you had committed no criminal offences and the many references which we have read speak extremely highly of you.  But a year or so ago you started using cocaine.  You rapidly developed an expensive habit and ran up a debt of some £2,500 to your dealer in Liverpool and you were unable to repay this sum.  As a result you were pressurised to do a drug run to Jersey in order to clear your debt.  So, concealed in the spare tyre of the car which you hired and brought to Jersey with your partner and children, were 5,052 tablets of ecstasy although some of them had broken, with a retail price in Jersey of £50,520. 

2.        The fact that you were pressurised or threatened by your dealer is no excuse.  The Court has repeatedly said that if people get themselves into debt with their dealer, that cannot be a mitigating factor if they are then pressurised to undertake drug runs, not least because of the damage which those drugs will do the young people in this island.

3.        As to the starting point we take into account the fact that your role was simply that of a courier and we agree with your counsel that there is no evidence you were particularly close to the source of supply.  You were a customer of the dealer, who persuaded you to do this.  Nevertheless the amount involved is substantial.  Taking account of your role and the amount, we agree with the Crown that 12 years is the appropriate starting point.

4.        In mitigation there is much to be said and Mrs Pearmain has said it on your behalf.  First of all you pleaded guilty and we accept that this is a guilty plea of real value which attracts a discount of one third.  You are also of previous good character and in this case this does not simply mean no previous convictions because as I say we have read the many references and the letters from you and your family which show that you are indeed remorseful.  We have taken account of all that is in the background report and the alcohol and drugs report and we are pleased to note the constructive use you are making of your time in prison.  In particular we noted and hope that you will continue with your application to be on the Listeners course which would be of real benefit to others.  All in all there is powerful mitigation which Mrs Pearmain has put forward and that has led us to conclude we can reduce the sentence slightly.

5.        The sentence of the Court on the one Count you face is one of 6 years' imprisonment.  

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

Authorities

Bonnar v AG [2001] JLR 626.