Jersey Unreported Judgments

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Cite as: [2009] JRC 172

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[2009]JRC172

ROYAL COURT

(Samedi Division)

27^th August 2009

Before :

Sir Philip Bailhache, Kt., Commissioner and Jurats King, Morgan, Liddiard. Fisher, Georgelin and Bullen.

The Attorney General

-v-

Adrian Wynne Jones

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

1 count of:

Being knowingly concerned in the fraudulent evasion of the prohibition on importation of a controlled drug. Contrary to Article 61(2)(b) of the Customs and Excise (Jersey) Law 1999 (Count 1).

Age: 40.

Plea: Guilty.

Details of Offence:

On 31^st October, 2008, Jones was sentenced to three years' imprisonment by the Royal Court for importing 4.9 kilos of cannabis resin. He has been in custody at La Moye Prison since then.

He had arrived in the Island on the Condor Express from Weymouth on 20^th July, 2008, and told Customs Officers that he was in the Island for ten days to visit family and friends, that it was his niece's 18^th birthday, and that he had nothing to declare. During a search of the vehicle a bag containing wrapped birthday presents was found behind the driver's seat. These were x-rayed and one deemed to be suspicious. Jones stated that it contained hair products and curlers. When Customs Officers informed him a few minutes later that they intended to open the parcel he said: "There are drugs in there". After the pink wrapping paper was removed, 20 bars of cannabis resin were found, weighing 4.9 kgs.

Jones was remanded in custody and pleaded guilty on indictment on 19^th September, 2008. His stated motivation was purely financial, as he intended to sell the cannabis for a minimum £10,000 to try and clear non-drug-related debts in the UK. As stated above, he was imprisoned for three years and remains at La Moye.

The vehicle which Jones had used, a Land Rover Freelander, was searched again on 18^th November, 2008, after it had been returned to the hire car agency in the UK. This search revealed three packages of cocaine behind the rear interior quarter panels of the vehicle, which are trim panels which needed to be removed for the drugs to be found. Fingerprints were also recovered from the vehicle panels and the packages. The three packages weighed a total of 433.53 grams. This would have a maximum street value of £34,682.

Details of Mitigation:

Guilty pleas. Apologises to Court for failing to admit other offences earlier.

Previous Convictions:

One for possession of cocaine.

Conclusions:

Starting point: 14 years with a Valler uplift of 1 year, making 15 years.

Count 1:

9 years' imprisonment, concurrent to current sentence, starting 31^st October, 2008.

Forfeiture and destruction of drugs sought.

Sentence and Observations of Court:

Conclusions granted.

Forfeiture and destruction of drugs ordered.

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

Advocate S. E. Fitz for the Defendant.

JUDGMENT

THE commissioner:

1. The Court can be brief in its sentencing remarks. This defendant was sentenced to 3 years' imprisonment for the importation of cannabis on 31^st October, 2008. In fact he was concerned in the importation not only of cannabis but also of a substantial quantity of cocaine which is a Class A drug.

2. We agree with the Crown Advocate that the appropriate starting point in all the circumstances, having regard to the judgments in Rimmer and Others-v-AG [2001] JLR 373 and in AG-v-Valler [2002] JLR 383, is one of 15 years' imprisonment. We also agree that having allowed for the guilty plea and other mitigating factors the conclusions are correct and that a sentence of 9 years' imprisonment should be imposed.

3. Jones, we have read your letter very carefully, we think it was appropriate for you to apologise for misleading the Court on the last occasion and not admitting that you had been involved or concerned in the importation of cocaine as well as cannabis. We are glad to read that you are making good use of your time in custody and we hope that you will continue to do so and that when you come out from prison that you will make something more useful of your life.

4. The sentence of the Court is that you will be sentenced on the Count to which you have pleaded guilty to 9 years' imprisonment, that sentence to be computed and to take effect from 31^st October, 2008.

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

Authorities

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

AG-v-Valler [2002] JLR 383.

AG-v-Smith [2009] JRC 063.

AG-v-Owiny [2009] JRC 030.