Jersey Unreported Judgments

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Cite as: [2009] JRC 129

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[2009]JRC129

ROYAL COURT

(Samedi Division)

24^th June 2009

Before :

Sir Philip Bailhache, Kt., Bailiff and Jurats Clapham and Morgan.

The Attorney General

-v-

Oliver Munks

Sentencing by the Inferior Number of the Royal Court, following guilty pleas to the following charges:

3 counts 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. (Counts 1, 2 and 3).
1 count of:	Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978. (Count 4).

Age: 30.

Plea: Guilty.

Details of Offence:

On Saturday 14^th February, 2009, Customs officers at Postal Headquarters intercepted a package postmarked Rennes and addressed to an address in St Lawrence. When opened it was found to contain 20 Subutex tablets and 20 Diazepam tablets (Counts 1 and 2).

On Wednesday 18^th February, 2009, a further package, also postmarked Rennes and with the same name and address was intercepted and when opened contained three doctor's prescriptions in the name of Oliver Munks and one in the name of Katie Falle. The parcel also contained 180 Diazepam tablets (Count 3).

The following day officers executed a warrant at the St Lawrence address and found the defendant and Falle there. They were cautioned and arrested. During a search of the property two small pieces of brown resin together weighing 1.3 grams were found. The defendant said that they were cannabis resin and belonged to him (Count 4).

In interview Munks admitted mailing both packages and using the name of a previous tenant as he was concerned that if he used his own name they would be intercepted. He said that the packages and cannabis were for his own personal use. Falle was interviewed and released without charge.

The defendant explained that he was a recovering heroin addict and was on the Subutex programme in Jersey and that his daily dose was about to be reduced. He was concerned about this as he felt it may lead him back to taking heroin. To avoid this he travelled to France where he was able to get doctor's in Rennes and St Malo to prescribe him Subutex and Diazepam which he then posted back to the Island to supplement his local prescription.

Details of Mitigation:

Guilty plea, co-operative and noted that record was for far worse offending than that before the Court.

Previous Convictions:

Seven previous convictions, many drug-related.

Conclusions:

Count 1:	120 hours' community service order, a 12 month probation order and a 12 month treatment order.
Count 2:	60 hours' community service order, concurrent.
Count 3:	120 hours' community service order, concurrent.
Count 4:	40 hours' community service order, concurrent.

Total: 120 hours' community service order, a 12 month probation order and a 12 month treatment order, or 6 months' imprisonment in default.

Forfeiture and destruction of drugs sought.

Sentence and Observations of Court:

Count 1:	12 month probation order and 12 month treatment order.
Count 2:	12 month probation order and 12 month treatment order, concurrent.
Count 3:	12 month probation order and 12 month treatment order, concurrent.
Count 4:	12 month probation order and 12 month treatment order, concurrent.

Total: 12 month probation order and 12 month treatment order.

Forfeiture and destruction of drugs ordered.

R. C. P. Pedley, Esq., Crown Advocate.

Advocate E. J. Le Guillou for the Defendant.

JUDGMENT

THE BAILIFF:

1. Munks, this was offending at the low end of the scale. You have done much worse things in your life before but we are glad to note from your letter, which we have read very carefully, that you understand that what you did was wrong and that you must not do that kind of thing in the future.

2. At this stage of your life we are very pleased to see the progress that has been made in many areas of your life. We think that at this stage you need support rather than punishment and we are not going to impose a community service order, as requested by your Advocate.

3. We are going to place you on probation for 1 year subject to a condition that you submit to a treatment order, and you understand the implications of that I hope, and subject to your complying with all the obligations of the probation order, we hope that we will not see you again. We hope that you make something of your life in the future.

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

Authorities

AG-v-Parole [2007] JRC 020.

AG-v-Mohammed [2008] JRC 189.