Jersey Unreported Judgments

[2010]JRC235

ROYAL COURT

(Samedi Division)

22^nd December 2010

The Attorney General

-v-

Grzegorz Maciej Grzyb

Sentencing by the Inferior Number of the Royal Court, following a guilty plea to the following charge:

Age:  44.

Plea: Guilty.

Details of Offence:

The defendant stopped at the harbour in a Polish hire car with two other males.  A total of 1.008 kilograms of herbal cannabis found hidden beneath the back seat of the vehicle.  Street value in Jersey of £12,600. 

All three males interviewed under caution but denied all knowledge of the herbal cannabis.  Following appearing in the Magistrate's Court but before committal the defendant provided a statement admitting his involvement and exonerating the other two males.  Entered a guilty plea.  In Social Enquiry Report claimed that he had been offered approximately £1,400 to bring drugs into Jersey. 

The Crown took a "starting point" of 2 years' imprisonment. 

Details of Mitigation:

The Crown

The Crown considered that the defendant was acting in the capacity of a courier.  Most significant factor was his guilty plea entered before the Magistrate's Court.  Also deserving of credit for exonerating the other two males.  A mature male with previous convictions, albeit first drugs offence. 

The Defence

Emphasised personal circumstances; previous divorce; his ill health; unemployed for a substantial period and living off benefits.  He struggled financially; had offer of employment in Poland upon release; first drugs offence as courier.  Emphasised co-operation and guilty plea.  Apology and remorse.  Did not oppose the Crown seeking a recommendation for deportation. 

Previous Convictions:

Twelve previous convictions for a variety of offences including burglary, theft of motor vehicle, selling fake cigarettes and breaching early prison release rules. 

Conclusions:

Forfeiture and destruction of drugs sought.

Recommendation for Deportation Order sought. 

Sentence and Observations of Court:

Defendant to be sentenced for importing just over a kilo of herbal cannabis with a street value of £12,600.  He knew it was a controlled drug and unlawful to possess and import into Jersey.  Motivation was for money.  He was to be paid £1,400 to do this importation.  Royal Court's policy well settled unless exceptional circumstances.  Those found guilty of being concerned in the importation of illegal drugs received substantial prison sentence.  No exceptional circumstances here.  The Crown had taken a "starting point" of 2 years based upon the current weight and value.  The Court had taken into account the level of involvement.  The Crown had accepted he was a mere courier.  Might have been possible for a higher "starting point".  The Crown had taken into account his guilty plea and had given him a full discount.  Also taken into account references and any illnesses that he suffered from.  The Court did not take into account his financial difficulties as it was not acceptable for a person in such circumstances to resort to crime.  Sometimes financial difficulties may indicate the defendant had acted out of character and there can be some mitigation there.  Not applicable here.  Defendant had a criminal record since the age of 18.  Therefore, financial difficulty only of marginal relevance.  Maybe thought that the Crown's conclusions were very generous to him but the Court adopted them. 

Sentenced imposed

The Crown ordered the forfeiture and destruction of the drugs. 

Deportation

The Court viewed that the first limb of the test was amply met and that the continued presence of persons involved in the importation of drugs was to the detriment of the community.  The Court then had regard to the rights of the family and to those of the defendant.  All of his family were in Poland, therefore no need to consider their rights.  The Court did not think that it was at all disproportionate to recommend his deportation and accordingly made a recommendation that he be deported at the end of his prison sentence. 

J. C. Gollop, Esq., Crown Advocate.

Advocate P. S. Landick for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        Mr Gryzb you are charged with importing herbal cannabis, just over a kilo of it, with a street value in Jersey of £12,600.  You knew this to be a controlled drug and that it was unlawful to possess it and to import it into Jersey.  You did this for money.  You were to be paid £1,400 for doing so.  The Court's policy in dealing with drug trafficking offences is well settled.  Unless there are exceptional circumstances, those guilty of these offences receive substantial prison sentences.  There are no exceptional circumstances here. 

2.        The Court has taken a starting point of 2 years as suggested by the Crown based upon the amount of cannabis involved, applying the Court of Appeal decision of Campbell-v-AG [1995] JLR 136 and taking into account the Crown acceptance that you were a mere courier.  It might undoubtedly have been possible, in other circumstances, to look for a higher starting point. 

3.        We have taken into account your guilty plea for which we give you a full discount.  We have taken into account the references which you have put forward and the illness which you have suffered.  We do not take significantly into account financial difficulties.  It is not acceptable for those in financial trouble to resort to crime.  Sometimes financial troubles may show the offending to be out of character and of course that can be taken into account, but here you have no such mitigation.  Your criminal record shows you have committed offences since the age of 18 so we think the financial difficulties are of only marginal relevance. 

4.        The Court considers the Crown's conclusions are very generous to you, but we adopt them and we sentence you to 9 months' imprisonment. 

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

6.        We have been asked to address the issue of deportation.  In the Court's view the first limb of the test which we have to apply is undoubtedly met because the continuing presence of people who import drugs into Jersey is a detriment to our community.  We then have to take into account the Article 8 rights to respect for private and family life which may arise either in respect of you or anyone who is connected with you.  It is clear that your family is in Poland and we therefore only have your rights to consider and we do not think it is at all disproportionate to order that you be deported once your sentence has been served.  Accordingly we will recommend to the Lieutenant-Governor that you be deported at the end of your prison sentence. 

Authorities

Campbell-v-AG [1995] JLR 136.

Camacho-v-AG [2007] JLR 462.

AG-v-Lascoumes 2002/76.

Extrace from Current Sentencing Practice para. C3-2C.