Jersey Unreported Judgments

[2009]JRC030

ROYAL COURT

(Samedi Division)

19^th February 2009

The Attorney General

-v-

Johnny Owiny

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 28^th November, 2008, following guilty pleas to the following charges:

Age:  31.

Plea: Guilty.

Details of Offence:

Owiny arrived in Jersey from London by plane on 11^th June, 2008.  He booked into a hotel in St Helier where he met a colleague who had also arrived from the UK on a different flight. 

He was arrested the following day as the pair tried to book into a second hotel.  On arrest, Owiny was found to be carrying four plastic wrapped pellets containing Class A drugs.  A further 32 similar pellets were found in his baggage.  The excrement stained wrappings of these pellets, together with laxative packaging subsequently found in the first hotel, suggested that the drugs had been brought into the Island internally and very recently expelled.  On analysis the 36 packages were found to contain a total of 127.44 grams of heroin, with an average content of 33% by weight of diamorphine, together with 117.91 grams of cocaine.  The heroin had a street value of £127,450 and a wholesale value of £25,494.  The cocaine had a street value of £8,850 and a wholesale value of £6,249.  The total street value was £133,699.  No drugs were found on his colleague.

In interview Owiny admitted knowledge of the drugs, but denied having imported them himself.  He did say that it had been his job to look after the drugs once they had been expelled by a person he would not name, and that he didn't know to whom they were going to be passed.  He admitted booking the first hotel room and bringing laxatives to Jersey with him to facilitate the expulsion of the drugs.  He said that he was not a man of means and that he had become involved in the enterprise as a way of repaying a debt.  His colleague was also interviewed and denied any knowledge of the importation, but said he had seen the drugs in Owiny's luggage that morning prior to checking out of the first hotel.  The prosecution against Owiny's colleague was withdrawn in the Magistrate's Court prior to committal for lack of evidence. 

At sentence the Crown invited the Court to deal with Owiny on the basis of his admissions, and to have regard to the principle set out in the case of Valler when setting a starting point.

Details of Mitigation:

Guilty plea, no previous convictions, out of character, good work record.

Previous Convictions:

6 previous convictions comprising 9 offences.  No previous drugs offences, but 3 robberies including one involving a firearm.

Conclusions:

Total: 8½ years' imprisonment.

Forfeiture and destruction of drugs sought.

Recommendation for deportation sought.

Sentence and Observations of Court:

The Court agreed that the correct starting point was 12½ years, but felt able to make a small reduction in the Crown's conclusions.

Total: 8 years' imprisonment.

Forfeiture and destruction of drugs ordered.

Deportation adjourned for a date to be fixed.

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

Advocate M. J. Haines for the Defendant.

JUDGMENT

THE BAILIFF:

1.        This defendant has pleaded guilty to being concerned in the importation of quantities of Class A drugs, 127 grams of heroin and 117 grams of cocaine, with a total street value in the region of £133,000. 

2.        Owiny has six previous convictions although none for drug trafficking offences.  Three of his previous convictions were for robbery and he has served long sentences of imprisonment in England.  He told the Police that he had carried out these offences as a means of making quick money.

3.        The Crown Advocate has taken a starting point of 12½ years' imprisonment having applied the guidelines in Bonnar-v-AG [2001] JLR 626 and Valler-v-AG [2002] JLR 383.  We think that this is a correct starting point having regard to the fact that being concerned in the importation of 127 grams of heroin would justify a starting point of at least 10½ years' imprisonment and the addition of 2 years to take account of the importation of the cocaine is again the minimum that could be expected.

4.        We have listened carefully to all the submissions made by counsel for the defendant.  We agree that he is entitled to a full discount of one third for his guilty plea in all the circumstances of this case.  We are prepared to give a small additional reduction for the other mitigation referred to by the defence counsel.

5.        Owiny, you knew very well what you were doing in bringing this hideous drug into the island and the sentence of the Court is that you will go to prison for 8 years on Count 1 and 8 years on Count 2 concurrent, which makes a total of 8 years' imprisonment.

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

7.        Deportation adjourned for a date to be fixed.

Authorities

Bonnar-v-AG [2001] JLR 626.

Valler-v-AG [2002] JLR 383.

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