Jersey Unreported Judgments

[2011]JRC081

ROYAL COURT

(Samedi Division)

13^th April 2011

Before     :

Sir Philip Bailhache, Kt., Commissioner and Jurats Tibbo, Le Breton, Le Cornu, Liddiard, Nicolle and Le Brocq.

The Attorney General

-v-

Roland Edward Parry

Sean Michael Lambotte

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 11^th March, 2011, following guilty pleas to the following charge:

Roland Edward Parry

First Indictment

1 count 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 (Count 1).

Second Indictment

2 counts of:

Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978 (Counts 1 and 2).

Age:  38.

Plea: Guilty.

Details of Offence:

Parry spent the weekend in England during which time he posted three letters to an address in St Aubin, a property he used to live in.  The drugs were intended for personal use by Parry.  The first two letters, which between them contained a total of 6 grams of heroin, were intercepted by Customs who delivered replica letters to the relevant addresses.  Lambotte collected the replica letters, however he was arrested before he could pass them onto Parry who was waiting nearby.  The third letter, which contained 1.13 grams of heroin was received into Jersey the day after both men had been arrested.  The total heroin seized had average purities of 29 and 30 per cent and an estimated street value of £7,000 and a wholesale value of £2,450. 

Second Indictment

Whilst on remand at HMP La Moye for the above offence, Parry was visited by his partner.  At the end of the visit Parry spat out a cling film wrap.  The wrap contained 1.98 grams of cannabis resin, 9 x 5 milligram diazepam tablets. 

At the time of arrest Lambotte was subject to an earlier probation and stood to be sentenced for breaching the order. 

Details of Mitigation:

Early guilty plea; no previous drugs convictions and letters from family supporting him. 

Previous Convictions:

No relevant previous convictions. 

Conclusions:

First Indictment

Count 1:

Starting point 7½ years.  4 years' imprisonment.

Second Indictment

Count 1:	3 months' imprisonment, consecutive.
Count 2:	6 weeks' imprisonment, concurrent.

Total: 4 years and 3 months' imprisonment. 

Forfeiture and destruction of the drugs sought. 

Sentence and Observations of Court:

First Indictment

Count 1:

Starting point 7½ years.  3 years and 6 months' imprisonment.

Second Indictment

Count 1:	3 months' imprisonment, consecutive.
Count 2:	6 weeks' imprisonment, concurrent.

Total: 3 years and 9 months' imprisonment. 

Forfeiture and destruction of the drugs ordered. 

Sean Michael Lambotte

First Indictment

1 count of:

Attempted possession of a controlled drug, with intent to supply, contrary to Article 8(2) of the Misuse of Drugs (Jersey) Law 1978 (Count 2).

Age:  34.

Plea: Guilty.

Details of Offence:

See Parry above. 

Details of Mitigation:

Pleaded guilty.  On the periphery of the drugs importation.  Signs of improvement whilst in prison. 

Previous Convictions:

Previous convictions for possession of cannabis and supply of subutex. 

Conclusions:

First Indictment

Count 2:

Starting point 7 years.  3 years and 6 months' imprisonment.

Breach of Probation Order imposed on 2^nd July, 2010, 3 months' imprisonment, consecutive to Count 1. 

Total: 3 years and 9 months' imprisonment. 

Forfeiture and destruction of the drugs sought. 

Sentence and Observations of Court:

First Indictment

Count 2:

Starting point 7 years.  2 years and 6 months' imprisonment.

Breach of Probation Order imposed on 2^nd July, 2010; Order discharged and 3 months' imprisonment, consecutive to Count 1. 

Total: 2 years and 9 months' imprisonment. 

Forfeiture and destruction of the drugs ordered. 

E. L Hollywood, Crown Advocate.

Advocate C. M. Fogarty for Lambotte.

Advocate J. W. R. Bell for Parry.

JUDGMENT

THE commissioner:

1.        Parry organised the importation of 7 grams of heroin by post.  Lambotte agreed to collect the envelope containing the heroin and to give it to Parry. 

2.        The judgment of the Court of Appeal in Shahnowaz v AG [2007] JCA 072 requires the Court to take a relatively high starting point and to allow for the fact that the importation was for personal use by way of reduction from the starting point.  We agree, therefore, with the Crown Advocate that the appropriate starting point for Parry is one of 7½ years' imprisonment, and for Lambotte is 7 years' imprisonment.

3.        Parry, you have pleaded guilty to the Indictment; you have been applying yourself very positively to the regime in the prison whilst you have been on remand; you have strong family support and you have let down your family in a serious way.  There are no previous drugs convictions and we take note of your excellent work record.  We also take note of the letters that we have received from members of your family.  We take note, importantly, of the fact that the drugs were imported for personal use, but you must understand that if drugs are imported into the Island there is always a risk that they will be passed on to others, and that requires us to impose custodial sentences.  We think, however, that we can allow slightly greater reductions for the mitigation in your favour.

4.        You are sentenced, therefore, to 3 years and 6 months' imprisonment on Count 1.  It is a very great pity that you were foolish enough to allow yourself to get involved with drugs in the prison.  Again we are required to impose a meaningful sentence and we sentence you to 3 months' imprisonment for possession of cannabis, 6 weeks' imprisonment for the possession of diazepam, concurrently with each other but consecutive to the earlier sentence, making a total sentence of 3 years and 9 months' imprisonment.

5.        Lambotte we are sentencing you on the basis that your involvement in the heroin offence was as peripheral as your counsel has described it to us.  We accept in mitigation that you have pleaded guilty to the Indictment; you have not got a good record, but we note that positive things are happening to you at the prison and we hope that you will continue to take advantage of those things and try to maintain your determination to beat your drug addiction.

6.        We sentence you on Count 2 to 2½ years' imprisonment.  For the breach of the probation you are sentenced, as moved for by the Crown Advocate, to a total of 3 months' imprisonment, making a total sentence of 2 years and 9 months' imprisonment.

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

Authorities

Shahnowaz v AG [2007] JCA 072.

Rimmer, Lusk and Bade-v-AG [2001] JLR 373.

AG-v-Barr [2003] JRC 042.

AG-v-Corvel 2001/55.