Jersey Unreported Judgments

[2009]JRC068

ROYAL COURT

(Samedi Division)

15^th April 2009

Before     :

Sir Philip Bailhache, Kt., Bailiff, and Jurats Tibbo, Le Breton, Clapham, Le Cornu, Newcombe and Liddiard.

The Attorney General

-v-

Helder Filipe Rodrigues De Jesus

Jose Carlos Figueira Mendes

Sentencing by the Superior Number of the Royal Court, to which the accused were remanded by the Inferior Number on 20th February, 2009, following guilty pleas to the following charges:

Helder Filipe Rodrigues De Jesus

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 1).

Age:  22.

Plea: Guilty.

Details of Offence:

On 7^th November, 2008, De Jesus and Mendes were arrested as they came through Customs at Jersey Airport, having just returned from a short trip to Brighton.  Mendes was carrying £2,125 in cash and a receipt for condoms.  Both were arrested on suspicion of importing drugs. 

Over the following 2 days, De Jesus passed a total of 46 small condom wrapped packages of heroin, weighing a total of 55.24 grams, and containing an average of 64% by weight of diamorphine.  The drugs had a street value of approximately £55,000 and a wholesale value of £11,000.

In interview, Mendes admitted that he and De Jesus had agreed between them to take £4,000 to the UK for a group of people in Jersey, to buy heroin with it and then import the drug back to Jersey.  However, he said that the trip had not gone to plan, and their first contact would not sell to them.  He said that they ended up going to Brighton and personally sourcing £2,000 worth of heroin on the street.  He said that they only spent the money being carried by De Jesus but they would have spent the remaining money on heroin had they been able to source more. 

Mendes admitted doing all the negotiating for De Jesus who did not speak very good English and said that he expected to be paid more for this task.  He said that he had then bought the condoms at De Jesus' request. 

De Jesus initially denied importing the drug for anyone else and said that he had spent his own money on the drugs he was carrying and that they were for his personal use.  When confronted with Mendes' confession he finally agreed that the money had been given to them and that the heroin was destined for others. 

Details of Mitigation:

Guilty pleas (although little alternative for De Jesus), co-operation (especially Mendes), youth and first offender.

Previous Convictions:

None.

Conclusions:

Count 1:

Starting point 9 years.  5½ years' imprisonment.

Forfeiture and destruction of drugs sought.

Recommendation for deportation sought.

Sentence and Observations of Court:

The Court agreed with the Crown's starting point for both defendants but felt it could make a further small reduction. 

Count 1:

5 years' imprisonment.

Forfeiture and destruction of drugs ordered.

Recommendation for deportation made

Jose Carlos Figueira Mendes

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 1).

Age:  25.

Plea: Guilty.

Details of Offence:

See De Jesus above.

Details of Mitigation:

Guilty pleas (although little alternative for De Jesus), co-operation (especially Mendes), youth and first offender.

Previous Convictions:

None.

Conclusions:

Count 1:

Starting point 9 years.  5 years' imprisonment.

Forfeiture and destruction of drugs sought.

Recommendation for deportation sought.

Sentence and Observations of Court:

The Court agreed with the Crown's starting point for both defendants but felt it could make a further small reduction.

Count 1:

4½ years' imprisonment.

Forfeiture and destruction of drugs ordered.

No recommendation for deportation made.

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

Advocate I. C. Jones for De Jesus.

Advocate M. J. Haines for Mendes.

JUDGMENT

THE BAILIFF:

1.        These two defendants are to be sentenced for being concerned in the importation of heroin.  They travelled to England to buy the drug which was imported internally by De Jesus.  The drugs were intended for onward sale in Jersey.  It was a relatively substantial quantity of 55 grams and the street value was in the region of £55,000. 

2.        The Crown Advocate has taken a starting point of 9 years' imprisonment and we agree that that is the appropriate starting point. 

3.        De Jesus is a young man of 22 and he pleaded guilty to the Indictment.  He has been said by his Counsel to be a vulnerable individual and he is a heroin addict.  Although he was responsible for the physical importation he speaks little English and the organisation was carried out by Mendes.  He is a first offender and has expressed his remorse.

4.        De Jesus, we have taken into account all the matters urged by your Counsel and we have felt it possible to reduce slightly the conclusions of the Crown Advocate.  You are sentenced on the Count to which you have pleaded guilty to 5 years' imprisonment and the Court will recommend that at the conclusion of your sentence you will be deported from the Island.

5.        Mendes has also pleaded guilty to the Indictment.  He also has no previous convictions and he was from the outset entirely co-operative with the investigating officers and made full admissions to them even though he was not caught in possession of the drug.  His guilty plea is therefore of particular value.

6.        Mendes, we have read the letters that have been placed before us.  We note that you are supported by your family in Court.  As with De Jesus, we have found it possible to reduce slightly the conclusions of the Crown Advocate and on the single Count of the Indictment you are sentenced to 4½ years' imprisonment. 

7.        We turn to the question of deportation.  The Court has no doubt that the first limb of the Nazari test is satisfied, that is to say that your continued presence in the Island is detrimental to the interest of the community, having regard to the fact that you were prepared to spread the use of heroin in Jersey by bringing in a large quantity with a view to its distribution in the Island.  We have reached the conclusion however, that the second limb of the test is not satisfied and that it would be disproportionate, having regard to your family connections in Jersey, for the Court to recommend that you be deported.  We will therefore make no such recommendation and we hope that the sentiments that you expressed in your letter and the good start that you have made in prison will be made good when you have completed your sentence and that you will take no further part in drugs activity in the Island.

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

Authorities

Whelan on Aspects of sentencing in the Superior Court of Jersey.

R-v-Nazari [1980] 2 Cr. App. R. (s) 84.

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