Jersey Unreported Judgments

[2009]JRC028

ROYAL COURT

(Samedi Division)

19^th February 2009

The Attorney General

-v-

Timothy Pierce

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

Age:  24.

Plea: Guilty.

Details of Offence:

The defendant was stopped at the Harbour having arrived on the ferry from the UK.  Contained within his luggage was a wash bag and, in three plastic toiletry bottles, quantities of ecstasy tablets were discovered.  The total quantity was 2,390 tablets.  The street value was £23,900.  The wholesale value was £14,340.  Average content of MDMA was between 14 and 15 milligrams per tablet.

The Crown accepted that he fulfilled the role of a classic courier.  He claimed he had a loan of £800 which he could not repay and the lender required either payment of £1,600 or threatened him to do the drugs run.  He undertook the drugs run to clear the debt.  Not a drugs debt.  Did it knowing that he was importing ecstasy tablets but not the precise quantity.  He did it knowing that it was illegal to import and sell ecstasy tablets in Jersey.  The Crown took a starting point of 10 years' imprisonment under the Bonnar guidelines.

Details of Mitigation:

The Crown contended that he had the benefit of his guilty plea although such a plea was inevitable.  He was cooperative.  A young man and whilst he had a previous conviction this was his first drug trafficking offence.  He was treated as a man of good character.

The defence did not challenge the starting point and said that the Crown's conclusions were fair but sought a further reduction on the sentence based upon, firstly, the defendant's level of remorse as revealed in his letter to the Court and various character references.  Also contended that he was making efforts in Prison to improve his education and to improve his opportunities upon release from Prison.  The defendant had accepted that he had committed a serious offence.

Previous Convictions:

One previous conviction of taking a vehicle without consent.

Conclusions:

Total: 6 years' imprisonment.

Forfeiture and destruction of drugs sought.

Sentence and Observations of Court:

The defendant imported 2,390 ecstasy tablets which had a street value of £23,900.  The tablets had been concealed in containers.  He knew what he was importing and he knew it was against the law.  His excuse for the importation was that he was indebted for £800 and had been threatened by his creditor if he did not agree to the importation.  As the Court has stated on numerous occasions such matters were not mitigation.  The Crown, in reliance upon Bonnar, had taken a starting point of 10 years and the Court fully understood the Crown's conventional approach to the matter of sentencing.  We have asked ourselves to what extent this defendant was actively engaged in drug trafficking.  The Crown has accepted that he is in the position of a classic courier and in those circumstances the Court feels able to adopt a slightly lower starting point of 9 years' imprisonment.  In mitigation the Crown had treated the defendant as a man of good character.  He was a young man and this was his first drug offence.  He was cooperative with the authorities but not to the extent of naming his supplier.  He had pleaded guilty.  The Court had read his letter and was impressed by it and has also read the letters from his girlfriend and other supporters and he was fortunate to have such support.  It also listened to defence counsel carefully.  He had behaved foolishly and others were gong to suffer for his foolery.

Total: 5 years' imprisonment.

Forfeiture and destruction of drugs ordered.

J. C. Gollop Esq., Crown Advocate.

Advocate I. C. Jones for the Defendant.

JUDGMENT

THE BAILIFF:

1.        Timothy Pierce imported 2,390 tablets of ecstasy (MDMA) with a street value of £23,900 into the Island concealed in containers in his travelling bag.  He knew what he was carrying and he knew that it was against the law to import drugs into Jersey.  His excuse was that he was indebted to the tune of £800 and that he had been threatened with harm by his creditor if he did not agree to transport the drugs.  As the Court has said on many occasions, that is no mitigation.

2.        The Crown Advocate applying the Bonnar guidelines has taken a starting point of 10 years' imprisonment and we fully understand the Crown Advocate's conventional approach.  We have however asked ourselves the classical question which is to what extent was this defendant engaged in drug trafficking and having regard to the fact that the Crown has accepted that Pierce is the classic courier, we feel able to adopt a starting point of 9 years' imprisonment.

3.        In mitigation the Crown has treated the defendant as a man of good character; this is certainly his first offence for drug trafficking.  He is a young man of 24 and he was very cooperative with the Police once he had been arrested, though not to the extent of naming his supplier.  He has pleaded guilty to the Indictment.

4.        Pierce, we have read your letter very carefully and have been impressed by it and we have also read the letter from your girlfriend and from the others who are supporting you, and you are lucky that you have all that support.  We have also listened very carefully to the submissions of your Advocate who has put your defence extremely well.  You behaved foolishly and others are going to suffer as a result of your folly, but we have to punish you for the reasons which you well understand.

5.        Having taken a starting point of 9 years' imprisonment we sentence you to 5 years' imprisonment.  

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

Authorities

Bonner and Noon-v-AG [2001] JLR 626.