Jersey Unreported Judgments

[2010]JRC086

ROYAL COURT

(Samedi Division)

4^th May 2010

Before     :

W. J. Bailhache., Q. C., Deputy Bailiff, and Jurats de Veulle and Nicolle.

The Attorney General

-v-

Darren Lee Smith

Dominic Andrew Jackson

Sentencing by the Inferior Number of the Royal Court, following guilty pleas to the following charges and after conviction at trial on 2^nd March, 2010, to the following charges:

Darren Lee Smith

1 count of:	Importing a medicinal product, contrary to Article 8(3) of the Medicines (Jersey) Law 1995 (Count 1).
1 count of:	Being knowingly concerned in the fraudulent evasion of prohibition on the importation of a controlled drug, contrary to Article 61(2)(b) of the Customs and excise (Jersey) Law 1999 (Count 2).

Age:  25.

Plea: Guilty.

Details of Offence:

Smith and Jackson arrived in the Island at approximately 2015 hours on Wednesday 5^th August, 2009, on the Condor Express from Poole via Guernsey.  They were stopped by customs officers on arrival.  When questioned, Jackson told customs that they had travelled from Bradford in order to price a roofing job at 100 Halkett Place, St Helier and they would be returning the following morning.  Smith had roofing experience and Jackson was a labourer. 

Smith and Jackson did not have any baggage with them, had not booked accommodation and did not have the appropriate tools with them to undertake the job eg ladders, tape measures.  They claimed they did not need ladders as they would be supplied them here by their contact John Ward, and that to bring them would have used more fuel.  They also believed the property they were attending was a bungalow.  It is, in fact, a block of flats.  They had attempted to come to the Island the week before but the ticket had been considerably more expensive than they realised so they had driven back to find the extra money. 

The spare tyre of the van was x-rayed and found to contain 3 silver tape wrapped packages which contained, in total, 20,408 BZP tablets, estimated to be worth approximately £204,000.  BZP is an anti-worm tablet that looks like an ecstasy tablet, gives an effect similar to amphetamine and is sold in a similar way to ecstasy at a similar price.  BZP is a medicine under the Medicines (Jersey) Law 1995.  Under Article 8(3) it is illegal to import a medicine without a product licence and in 2009 no import licences specific to BZP were issued. 

Fingerprints were found on the packages located in the spare tyre but they did not belong to either Smith or Jackson.  The phones in the possession of Smith and Jackson were analysed and both appeared to be new phones purchased shortly before their trip to Jersey. 

A strip search of Smith was carried out and a bag containing less than a gram of herbal cannabis was found under the innersole of Smith's left shoe.  Smith admitted when asked that it was cannabis and this formed the basis of Count 2. 

In interview, both denied any knowledge of the BZP in the van and maintained that they had travelled to Jersey to price a roofing job.  They mentioned that their friend, Shazad Khan, who runs a takeaway business, had made the arrangements for the trip and provided money to fund the trip, which had apparently been forwarded by John Ward.  Jackson stated that he booked the ferry tickets and had hired the van, being driven to Manchester to pick it up by Shazad Khan

Details of Mitigation:

Guilty plea; has young child and strong family unit; acknowledges he behaved foolishly and irresponsibly; good work record; service in the Army; low risk of re-offending; not sophisticated criminal and mere courier. 

Previous Convictions:

Has convictions for unrelated matters. 

Conclusions:

93 days already served on remand equates to approximately 5 months when calculating release date.

Count 1:	12 months' imprisonment.
Count 2:	2 weeks' imprisonment, concurrent.

Total: 12 months' imprisonment.

Confiscation Order sought in the nominal sum of £1.00

Forfeiture and destruction of drugs sought.

Sentence and Observations of Court:

Both benefited for £340.  Confiscation Order of £1.00 each.  This was a joint Indictment and they were jointly responsible.  This was a relatively sophisticated importation, including hiding BZP in spare wheel, but both defendants were only couriers.  Same principles as importation of drugs but not same tariff.  Smith pleaded guilty (albeit late in the day), Jackson did not.  However, the Court gave full credit for Smith's guilty plea.

The Court held that the appropriate starting point was one of 18 months' imprisonment.  Custodial sentence would be normal but with mitigation and time on remand sentence tipped in favour of non-custodial. 

Count 1:	150 hours' Community Service Order or 9 months' imprisonment in default.
Count 2:	No separate penalty.

Total: 150 hours' Community Service Order or 9 months' imprisonment in default.

Confiscation Order made in the nominal sum of £1.00

Forfeiture and destruction of drugs ordered. 

Dominic Andrew Jackson

1 count of:

Importing a medicinal product, contrary to Article 8(3) of the Medicines (Jersey) Law 1995 (Count 1).

Age:  27.

Plea: Not Guilty but found guilty at trial on 2^nd March, 2010.

Details of Offence:

As Smith above.

Details of Mitigation:

Has young children; father has health issues; low risk of re-offending; not sophisticated criminal; mere courier. 

Previous Convictions:

Has convictions for unrelated matters, possession of cannabis in 2009 for which he received a fine. 

Conclusions:

93 days already served on remand equates to approximately 5 months when calculating release date. 

Count 1:

18 months' imprisonment.

Confiscation Order sought in the nominal sum of £1.00

Forfeiture and destruction of drugs sought.

Sentence and Observations of Court:

Both benefited for £340.  Confiscation Order of £1.00 each.  This was a joint Indictment and they were jointly responsible.  This was a relatively sophisticated importation, including hiding BZP in spare wheel, but both defendants were only couriers.  Same principles as importation of drugs but not same tariff.  Smith pleaded guilty (albeit late in the day), Jackson did not.  However, the Court gave full credit for Smith's guilty plea.

The Court held that the appropriate starting point was one of 18 months' imprisonment.  Custodial sentence would be normal but with mitigation and time on remand sentence tipped in favour of non-custodial. 

Count 1:

210 hours' Community Service Order or 15 months' imprisonment in default, to be carried out in the UK.

Total: 210 hours' Community Service Order or 15 months' imprisonment in default to be carried out in the UK. 

Confiscation Order made in the nominal sum of £1.00

Forfeiture and destruction of drugs ordered. 

D. M. Cadin, Esq., Crown Advocate.

Advocate J. M. Grace for Smith.

Advocate J. W. R. Bell for Jackson.

JUDGMENT

THE DEPUTY BAILIFF:

1.        Before we come to sentence for this offence the Court first of all finds that each of you have benefited to the amount of £340 and accordingly we declare that amount of benefit which you have had and we make Confiscation Orders in the nominal amount of £1.00 in relation to each of you. 

2.        You have jointly been indicted for importing 20,408 benzylpiperazine tablets (BZP) which have a street value of £204,000; this is contrary to Article 8(3) of the Medicines (Jersey) Law 1995.  BZP has subsequently become a Class C drug, but that does not affect the basis upon which the Court has approached the question of sentence today.  The maximum sentence for the current offence is 2 years' imprisonment. 

3.        The tablets in question were imported in the spare wheel of a Peugeot Partner van.  Although the arrangements for the importation were relatively sophisticated, the Court does not view either of you as sophisticated criminals; we are treating you as couriers and are applying the same principles but not the same tariffs as would be applied in cases of importation of classified drugs.  But as couriers you fall to be sentenced at the lower end of the bracket, which would be right for this sort of offending.  We also treat the two of you as jointly responsible for this offence, the only distinction between you is that Smith has pleaded guilty and Jackson has not and we give Smith full credit for that guilty plea. 

4.        Given the quantity of drugs involved we consider the starting point for this offence to be 18 months' imprisonment.  From that starting point we would then look to make deductions for the mitigation which each of you might have available to you.  This offending would normally call for a custodial sentence.  However, we have taken into account everything that has been said by your counsel and in particular we have taken into account that you have served 3 months in custody on remand, and that has tipped the balance on this occasion, to the sentence of imprisonment which would otherwise have been given to you. 

5.        Given the recommendations in the social enquiry report and taking into account all that your counsel has said, the Court feels that an alternative to custody is appropriate and accordingly, Smith you will serve 150 hours of community service, the alternative to that is 9 months in custody; Jackson you will serve 210 hours of community service, the alternative to that is 15 months in custody.  There will be no separate penalty for you Smith on Count 2, which was the importation of a small personal amount of cannabis. 

6.        You would have heard some of the discussion as to what would happen if you did not fulfil the terms of the Community Service Order.  We can assure you the Court takes the view that if you do not perform the Community Service Order then you will be brought back before this Court and you will be ordered to serve the sentence of custody which is the alternative to the Community Service Order.  This island does take the importation of medicines, contrary to the Medicines Law, as an important offence and it is treated seriously and you are fortunate that you are not being given a custodial sentence on this occasion.

7.        We also order the forfeiture and destruction of the drugs. 

Authorities

Medicines (Jersey) Law 1995.