Jersey Unreported Judgments

[2009]JRC029

ROYAL COURT

(Samedi Division)

19^th February 2009

The Attorney General

-v-

Kiel Joseph Povall

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 21^st November, 2008, following a guilty plea to the following charge:

Age:  21.

Plea: Guilty.

Details of Offence:

Povall was stopped at Jersey Airport as he arrived on a flight from Liverpool in August 2008.  He said that he had nothing to declare, but a swab test indicated the presence of cocaine on his person, and a subsequent x-ray showed concealed internal packages.  He later passed a total of 12 wrapped packages of cocaine, weighing 167.5 grams.  The drug had a street value of £13,400 and a wholesale value of £10,800.

During interview he explained that he had agreed to bring the drugs over to Jersey because he was in debt and wanted the £500 fee that had been promised.  He did not name his supplier, whom he said he met in a pub.  He said that he knew he was carrying cocaine and knew that it was illegal to import drugs into the Island.

Shortly after arrest, he was granted bail to attend his father's funeral.  However, he failed to return to the Island, which necessitated a warrant being issued for his arrest in the UK.

Details of Mitigation:

Guilty plea, courier only, youth, remorse, good record, support of family, his father had died two days prior to the offence.

Previous Convictions:

None.

Conclusions:

Forfeiture and destruction of drugs sought.

Confiscation order in the nominal sum of £1 sought.

Sentence and Observations of Court:

The Court felt that, in light of the mitigation, it could reduce the starting point and the conclusions.

Forfeiture and destruction of drugs ordered.

Confiscation order in the nominal sum of £1 ordered.

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

Advocate M. J. Haines for the Defendant.

JUDGMENT

THE BAILIFF:

1.        Povall imported 167 grams of cocaine with a street value of £13,000 into Jersey concealed internally in his rectum.  He claimed to have been offered a fee of £500 for delivering drugs to a dealer in Jersey.  He was not prepared to name either his supplier or the Jersey dealer.

2.        The Crown Advocate, applying the guidelines, has taken a starting point of 11 years' imprisonment.  It is accepted that the defendant is to be treated as a mule and we think that having regard to the background of this defendant that he is involved in drug trafficking to a slightly lesser extent and we will take a starting point of 10 years' imprisonment.

3.        In mitigation Povall is a first offender and is aged only 21.  We accept the reasons given by Mr Haines on his behalf for his failure to answer to bail and to return to Jersey and we will not penalise him for that. 

4.        Povall, I have asked you to be brought before Bar in this way because I want to explain to you that in Jersey we hate drugs, especially Class A drugs, because they invariably cause misery to those who become addicted to them and they cause misery to the families as well.  Maybe you did not think of it in that way, but you were prepared to spread that misery by bringing the drugs to Jersey for a few hundred pounds and that is why we have to punish you.  You have support from your mother and from your aunt and you will have opportunities in prison to improve yourself and to make something of your life when you have served your sentence.  We want to say to you that we think you can do that.  You have not been in trouble before, you come from a troubled area of the country but if you apply yourself, we are quite sure that you will make something of your life when you come out.  We do not want to see you again before this Court and we hope that we will not.

5.        We are going to sentence you to 5 years' imprisonment.

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

Authorities

Rimmer, Lusk and Bade-v-AG [2001] JLR 373.