Jersey Unreported Judgments

[2009]JRC065

ROYAL COURT

(Samedi Division)

6^th April 2009

The Attorney General

-v-

Joao Gilberto Pinto Ferreira

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 19^th February, 2009, following a guilty plea to the following charges:

Age:  21.

Plea: Guilty.

Details of Offence:

The defendant arrived on a flight from Gatwick having connected there from Portugal.  He had concealed internally 47.47 grams of heroin with a street value of £44,500 and 7.52 grams of cannabis.  Acted as a courier to receive a fee of €1,000.

Details of Mitigation:

Guilty pleas.  He indicated upon arrest that he had packages inside him.  Youth - 21 years of age.  No previous convictions.  Positive good character in that he had been a voluntary fire fighter and paramedic in Portugal.  Low risk of re-offending.  Naïve and had been easily led.  Good work record.  Remorseful.

Previous Convictions:

None.

Conclusions:

Total:  4 years' imprisonment.

Forfeiture and destruction of drugs sought.

Confiscation Order in the nominal sum of £1 sought.

Recommendation for deportation made.

Sentence and Observations of Court:

Court accepts starting point but made greater allowance for mitigation.

Total:  3 years' imprisonment.

Forfeiture and destruction of drugs made.

Confiscation order in the nominal sum of £1 made.

Recommendation for deportation made.

S. E. Fitz, Crown Advocate.

Advocate M. E. Harris for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        Mr Ferreira you imported 44 grams of heroin with a street value of £44,500 which was concealed internally.  Fortunately you were stopped at the Airport.  You have no previous convictions nor do you have a drug addiction.  It is surprising therefore to see you commit this offence.  It seems you were made redundant in Portugal shortly before these events and you succumbed to temptation to earn a fee of €1,000 for this importation.  We are satisfied that you are a classic courier and we agree the starting point of 8 years recommended by the Crown and which your Advocate does not disagree with.

2.        In mitigation you have pleaded guilty which stands to your credit.  You have no previous convictions, more than that you have a good work record and we have read the references from your family and from others.  In particular we note that you were a volunteer fire fighter and paramedic in Portugal.  We accept that you are remorseful for what you did and we have read the letter which you have written to us.  We also note that you are 21 and therefore still a young man.  We see from the reports that you are described as being naive and easily taken advantage of and that you are at low risk of re-offending.  Taking all these matters into account and all the mitigation which appears from the papers before us, we think we can reduce the conclusions of the Crown.

3.        The sentence of the Court therefore is on Count 1; 3 years' imprisonment, on Count 2; 3 months' imprisonment, concurrent, so that is 3 years in all.

4.        As to deportation we find that your continued presence in the Island would be detrimental because you have imported Class A drugs which is very damaging to the young people of this Island.  We note this is your first ever visit to Jersey.  You have no connections with the Island, no family here and all your family are in Portugal.  It would therefore not be disproportionate to recommend your deportation and we note indeed that you do not oppose a recommendation for deportation.  We therefore make such a recommendation.

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

No Authorities