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Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> AG -v- Burt [2013] JRC 053 (08 March 2013)
URL: http://www.bailii.org/je/cases/UR/2013/2013_053.html
Cite as: [2013] JRC 53, [2013] JRC 053
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Inferior Number Sentencing - drugs - importation - possession - Class B and C.
|
Before : |
W. J. Bailhache, Q.C., Deputy Bailiff, and Jurats Clapham and Olsen. |
The Attorney General
-v-
Ryan Stephen Burt
Sentencing by the Inferior Number of the Royal Court, following guilty pleas to the following charges:
|
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). |
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1 count of: |
Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978 (Count 2). |
Age: 26.
Plea: Guilty.
Details of Offence:
The defendant travelled to France and arranged for the dIspatch to Jersey of two parcels containing a total of one hundred subutex tablets, representing four hundred individual doses, with a street value of £8,000-£10,000. The parcels were addressed to the apparently innocent occupiers of two flats with communal hallways. The defendant arranged for his girlfriend to intercept the mail. The defendant claimed not to have paid anything for the tablets and expected only forty to be sent. 1g of cannabis found in the girlfriend's flat. Some contradictory and dishonest comments made to Customs and to authors of sentencing reports.
Details of Mitigation:
Guilty pleas and cooperation; difficulties in childhood; serious head injury in 2005; previously highly talented sportsman and a good employee.
Previous Convictions:
Convicted in France of trafficking in up to 50kg cannabis resin in 2009; supplied Class C drugs while visiting HMP La Moye in 2011; four further non-drugs convictions.
Conclusions:
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Count 1: |
2 years' imprisonment. |
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Count 2: |
2 weeks' imprisonment, concurrent. |
Total: 2 years' imprisonment.
Forfeiture and destruction of drugs sought.
Sentence and Observations of Court:
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Count 1: |
15 months' imprisonment. |
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Count 2: |
1 week's imprisonment, concurrent. |
Total: 15 months' imprisonment.
Forfeiture and destruction of drugs ordered.
D. J. Hopwood, Esq., Crown Advocate.
Advocate C. M. Fogarty for the Defendant.
JUDGMENT
THE DEPUTY BAILIFF:
1. You are here to be sentenced on an Indictment which contains two charges; one is the importation of a Class C drug, which is subutex, and the other is the possession of cannabis. The important count that we are dealing with today is the importation of subutex. The seriousness with which the Court treats that offence is reflected in the maximum sentence which the legislature has set, which is 5 years' imprisonment.
2. We have looked at the cases which are in the Crown bundle, in particular the case of AG-v-McIntyre [2012] JRC 144, because as was said in the earlier case of Page, Childs and Keane-v-AG [2012] JRC 131 it is important that there is consistency in the Court's sentences on charges of this kind. When one looks at the circumstances of McIntyre, we see that the court there thought that 18 months' imprisonment was the correct sentence, or would have been the correct sentence to impose but for some particular circumstances affecting that case. We do not think that the offence which you have committed is as serious as that which McIntyre committed. The background facts are not the same, the number of doses that can be obtained was slightly less and we certainly do not think this was a particularly sophisticated importation.
3. Nonetheless we are satisfied that because it is a serious offence we have to send you to prison, and we are going to sentence you on Count 1 to 15 months' imprisonment and on Count 2 to 1 week's imprisonment. They are to run concurrently so that is a total of 15 months' imprisonment.
4. We also order the forfeiture and destruction of the drugs.
5. Now you have a lot of things going for you. The Court has seen from the background papers that have been put before us, that clearly some bad things have happened to you and those you have to deal with. But in particular, we noted from the report of Dr Emsley that there will shortly be available in the prison the SMART programme, which is to assist you in your ability to make good problem-solving decisions, and the Addressing Substance-related Offending Secure programme. The Court thinks strongly that you should take advantage of those two courses which the prison offers to you, and whatever other assistance Dr Emsley is able to give you, because we have no doubt that if you can get past the taking of subutex, you will have a much happier life in the future. And we strongly also recommend that you take up, if it is still on offer at the time of your release, any voluntary assistance which the probation service are able to give you.
6. So you are sentenced accordingly to a total of 15 months' imprisonment.
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