Jersey Unreported Judgments

[2010]JRC058

ROYAL COURT

(Samedi Division)

19^th March 2010

The Attorney General

-v-

Peter Hagen

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 26^th February, 2010, following guilty pleas to the following charges:

Age:  43.

Plea: Guilty.

Details of Offence:

On Thursday 28^th May, 2009, Police began monitoring conversations in a Suzuki Carry van J85171, driven by Hagen for the purposes of his work as a satellite TV installer.  An audio receiver was installed in the van and recordings were made until Wednesday 10^th June, 2009 when Hagen was arrested and the device removed.  In interview Hagen gave "no comment" replies, and for Counts 2 to 6 the Prosecution relied on the audio evidence gathered over that 14 day period.

On arrival at Police headquarters Hagen was searched and handed officers an amount of cannabis which he had concealed in his underpants.  It weighed 3.61 grams and it is accepted that this was a personal amount (Count 1). 

On 29^th May, 2009 at about noon, Hagen was in his van with another male discussing the price and quality of herbal cannabis currently available, specifically a type called "killa".  Hagen mentions that he has recently bought 10 grams of cannabis from a friend for £10 and tells the other male he can get him some at the same price.  He then gives this male an amount of his cannabis.  This was social supply of a small amount of cannabis, with no evidence of payment taking place (Count 2). 

On 1^st June, 2009 Hagen was in his van speaking to someone on his mobile phone, again discussing cannabis, when he offered to "put a wee bit aside" for the person on the phone.  Again, this is accepted to be an offer of social supply with no mention of payment (Count 3). 

On 2^nd June, 2009 Hagen was recorded speaking to three other men, again discussing cannabis.  In this case Hagen was aware that good quality cannabis was available, having sampled some, and took someone with him to try it.  A later transcript suggests that at this meeting Hagen and the man purchased a quarter of an ounce of the drug each (Count 4). 

The most serious charge relates to an exchange Hagen had with another man on 4^th June, 2009.  They were discussing price, quality and availability of cocaine.  Hagen told the male of the price at which he could provide a half ounce of cocaine and reacted strongly when the other male suggested that the cocaine he supplied was not good quality.  Hagen admitted that he supplied two ounces, or approximately 56 grams of cocaine to persons unknown, and asked them not to cut or dilute it.  He then says that when he went back to buy some of the drug back, it had, in his opinion, been adulterated (Count 5). 

Through the transcripts there are many references to cannabis, cocaine, and passing references to other drugs and drug users.  At one point Hagen claims to be in telephone contact with Curtis Warren, a drug dealer who at the time was al La Moye Prison on remand for drug trafficking offences and "loving it".  It is clear that Hagen is well informed about the local drug trade and quite comfortable discussing such matters with a number of other people. 

Details of Mitigation:

Guilty pleas, albeit less than a week before trial, references and the fact that the death of his brother in 2008 prompted a return to drug use.

Previous Convictions:

Several, the most significant being a 9 year sentence for importation of heroin into Jersey.

Conclusions:

Starting point 9 years.

Total:  5 years' imprisonment.

Forfeiture and destruction of drugs sought.

Sentence and Observations of Court:

Total:  4 years' imprisonment.

Forfeiture and destruction of drugs ordered.

N. M. Santos-Costa, Esq., Crown Advocate.

Advocate C. R. G. Davies for the Defendant.

JUDGMENT

THE commissioner:

1.        Hagen is to be sentenced for a number of drug trafficking offences including, most seriously, the supply of 56 grams of cocaine to persons unknown.  Evidence of his drug trafficking activities emerged from recordings of conversations between Hagen and others from an audio receiver placed in his van.  He is a low-level street dealer in Class A and Class B drugs.  He has spent 9 months' in prison on remand.  He has a bad record in that he was sentenced to 9 years' imprisonment in 2002 for the importation of heroin. 

2.        Defence Counsel has said everything that could be said on her client's behalf.  We do take account particularly of the murder of the defendant's brother and the stress which, it is said, induced him to resort to cocaine in Scotland.  For that reason and because of the other personal circumstances set out in the papers before us, we feel able to allow slightly more than the Crown Advocate has allowed for the mitigating factors.  Both Counsel agree that the starting point of 9 years' imprisonment is correct.  Small scale dealing in class A drugs is how a wider circle of people become ensnared in the drugs trap and must be punished. 

3.        Hagen, the sentence of the Court is that you will go to prison for 4 years. 

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

Authorities

Rimmer-v-AG [2001] JLR 373.