Jersey Unreported Judgments

[2008]JRC200

ROYAL COURT

(Samedi Division)

28^th November 2008

The Attorney General

-v-

Richard Trevor John Lawrence

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

Age:  50.

Plea: Guilty.

Details of Offence:

Lawrence imported 2.25 kilos in his car which arrived by Condor on 12^th July, 2008.  The Crown's case was that he intended to supply the drugs.  The Defence case was that although he accepted it was a commercial amount, it was for personal use.  After a discussion at the sentencing hearing, the Defendant agreed to be sentenced on the basis of the Crown's case.

Details of Mitigation:

Car in which he imported the drugs has been seized, therefore he has already suffered.  Family man, single parent, traumatic childhood.  Poor physical and mental state which led to the commission of the offence.

Previous Convictions:

Nothing relevant.

Conclusions:

Starting point 2½ years' imprisonment.

Forfeiture and destruction of drugs sought.

Sentence and Observations of Court.

In view of the fact that Lawrence had already served 6 months, and was about to face major surgery for his weight problem, the Court felt that it could take the exceptional step of imposing 120 hours community service which is the equivalent to 6 months' imprisonment.

Forfeiture and destruction of drugs ordered.

R. C. L. Morley-Kirk, Crown Advocate.

Advocate M. J. Haines for the Defendant.

JUDGMENT

commissioner:

1.        The defendant is charged with importing 2.25 kilos of cannabis into the Island with a street value of £12,150.  He has no previous involvement in the drugs trade.  He had gone to England to home sit for his daughter.  He has a documented history of contact with the psychiatric services and diagnosis of depression with marked anxiety and agoraphobia.  He was also suffering from a sleep problem and a weight problem.  He was introduced to cannabis by a friend of his daughter and found it helped with his sleep and to calm him down.  He decided to acquire more cannabis to bring back to Jersey but as a result of a misunderstanding, the supply was much more than he intended.  He felt intimidated by the situation he was in and obliged to purchase.  We do note however, that he told his daughter the night before of the importation and she begged him not to do it.  As the Crown pointed out, he can have been under no illusion about the consequences if he was caught.

2.        The case falls within the first bracket of the Campbell guidelines namely 2-6 years for 1-10 kilos and the Crown seek a starting point of 2 years and 6 months which we agreed is the correct starting point. 

3.        There is very considerable mitigation in this case.  The defendant was very co-operative with Customs and Police Officers and pleaded guilty at the first opportunity.  He is effectively a person of good character and we note that he has brought up and supported his two daughters.  He is therefore a good family man with a good work record.  We have considered carefully the background and psychiatric reports and the other letters written to us.  The defendant is due to undergo major surgery to help with his weight problem and taking this into account, his poor mental and physical health generally, the fact that he has served the equivalent of 6 months and the very unusual nature of the facts in this case, we think we can take the exceptional step of imposing a sentence of community service.

4.        You are sentenced to serve 120 hours' Community service which is the equivalent of 6 months' imprisonment.  In determining the number of hours we have taken into account the fact that you have already served the equivalent of 6 months' in custody.

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

Authorities

Campbell, Molloy and Mackenzie-v-AG [1995] JLR 136.