Jersey Unreported Judgments

[2009]JRC005

ROYAL COURT

(Samedi Division)

9^th January 2009

Before     :

Sir Philip Bailhache, Kt., Bailiff and Jurats Le Brocq and Le Cornu.

The Attorney General

-v-

Thomas Joseph McKibbin

Dominic Thomas Reardon

Michael Anthony Seabury

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

Thomas Joseph McKibbin

1 count of:	Possession of a controlled drug with intent to supply, contrary to Article 8(2) of the Misuse of Drugs (Jersey) Law 1978.  (Count 1).
1 count of:	Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978.  (Count 2).

Age:  42.

Plea: Guilty.

Details of Offence:

On 29^th August, 2008, Reardon and Seabury arrived in Jersey on a flight from Liverpool.  They travelled to the Apollo Hotel, where a room had been booked for them by McKibbin, who lived in Jersey and was an old acquaintance of Reardon.

McKibbin met them at the hotel and they all went up to the room for around 15 minutes.  Whilst in the room Reardon produced some cocaine that he had imported into Jersey (Count 3), and supplied a line of the drug to the other two men (Count 6).  In total Reardon had brought a little over 3 grams of cocaine into Jersey with him with the intention of using it himself and sharing it with his friends.

When McKibbin later left the room, he was arrested by Police Officers, and found to be carrying almost 14 grams of cocaine worth between £980 and £1,120.  Later analysis showed that it was not from the same batch as those drugs brought in by the co-accused.  McKibbin was initially unco-operative but later admitted that he had bought it that morning in St Helier and was intending to supply around 4 grams to friends (Count 1) and keep the rest for himself (Count2).

Police Officers then entered the hotel room and arrested Reardon and Seabury.  Both defendants immediately admitted to having imported cocaine.  Reardon produced the remainder of the heroin that he had imported, and Seabury produced a further 1.27 grams of heroin, that he had imported into the Island unbeknown to his co-accused (Count 7).

During subsequent interview all three admitted being recreational users of cocaine.  Seabury also said that he took the drug for "medicinal purposes".  It was subsequently accepted by the prosecution that there was no link between the drugs found on each co-accused, and that they had acted independently of one another

Details of Mitigation:

Guilty plea, no previous convictions, social supply to friends only.

Previous Convictions:

No relevant convictions.

Conclusions:

Count 1:	3 years' imprisonment.
Count 2:	2 years' imprisonment, concurrent.

Total:  3 years' imprisonment.

Forfeiture and destruction of drugs sought.

Sentence and Observations of Court:

Count 1:	18 months' imprisonment.
Count 2:	12 months' imprisonment, concurrent.

Total:  18 months' imprisonment.

Forfeiture and destruction of drugs ordered.

Dominic Thomas Reardon

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 3).
1 count of:	Supplying a controlled drug, contrary to Article 5(b) of the Misuse of Drugs (Jersey) Law 1978.  (Count 6).

Age:  38.

Plea: Guilty.

Details of Offence:

See McKibbin above.

Details of Mitigation:

Guilty plea, no previous convictions, previous good character, co-operative, wrote own indictment on supply count.

Previous Convictions:

One drink driving conviction.

Conclusions:

Count 3:	18 months' imprisonment.
Count 6:	1 year's imprisonment, concurrent.

Total:  18 months' imprisonment.

Forfeiture and destruction of drugs sought.

Sentence and Observations of Court:

Count 3:	9 months' imprisonment.
Count 6:	9 months' imprisonment, concurrent.

Total:  9 months' imprisonment.

Forfeiture and destruction of drugs ordered.

Michael Anthony Seabury

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 7).

Age:  33.

Plea: Guilty.

Details of Offence:

See McKibbin above.

Details of Mitigation:

Guilty plea, no previous convictions, co-operation, importation was for his personal use only.

Previous Convictions:

No relevant convictions.

Conclusions:

Count 7:

1 year's imprisonment.

Forfeiture and destruction of drugs sought.

Sentence and Observations of Court:

Count 7:

9 months' imprisonment.

Forfeiture and destruction of drugs ordered.

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

Advocate R. Tremoceiro for McKibbin.

Advocate C. G. Parslow for Reardon.

Advocate M. J. Haines for Seabury.

JUDGMENT

THE BAILIFF:

1.        These three defendants are to be sentenced in relation to offences involving cocaine which is a Class A drug.  McKibbin is to be sentenced for the possession with intent to supply of 13 grams, and Reardon and Seabury are to be sentenced for offences involving relatively small quantities of the drug.

2.        The circumstances in which the defendants came to be arrested would lead any reasonable person to the conclusion that the basis upon which we have been asked to sentence does not accord with common sense.  Nonetheless we wish to make it clear that we are sentencing these defendants on the basis of the factual matrix put to us by the Crown Advocate and accepted by defence counsel.

3.        Dealing with first Reardon and Seabury, we wish to say that this Court takes a serious view of the importation of Class A drugs into Jersey and that custodial sentences almost invariably follow.  So far as McKibbin was concerned, he has admitted that he intended to supply part of the cocaine of which he was found to be in possession.  Reardon and Seabury had only very small quantities of the drug in their possession.  Although we have some reservations about the Court of Appeal Judgment by which we are bound, we agree with the Crown Advocate that it is incumbent upon us to take a starting point in each case of 7 years' imprisonment.

4.        We have listened very carefully to all the submissions made by counsel for the defendants and we think that we can in all the circumstances make significant further allowances for the mitigating factors against the starting point and the conclusions of the Crown Advocate.

5.        McKibbin we are going to sentence you as follows, on Count 1; 18 months' imprisonment, on Count 2; 12 months' imprisonment, concurrent, making a total of 18 months' imprisonment.

6.        Reardon we are going to sentence you as follows, on Count 3; 9 months' imprisonment, on Count 6; 9 months' imprisonment, concurrent, making a total of 9 months' imprisonment.

7.        Seabury we are going to sentence you as follows, on Count 7; 9 months' imprisonment.

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

Authorities

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

Shahnowaz-v-AG [2007] JLR 221.

Morgan & Schlandt-v-AG [2001] JLR 225.