Jersey Unreported Judgments

Superior Number Sentencing - drugs - importation - Class A and Class B.

[2013]JRC183

Royal Court

(Samedi)

19 September 2013

The Attorney General

-v-

Kamal Hussain

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 2^nd August, 2013, following guilty pleas to the following charges:

Age:  34.

Plea: Guilty.

Details of Offence:

On 18^th May, 2013, Hussain was stopped at the airport by a police officer having arrived on a flight from Gatwick.  He was questioned and his bags were searched.  Two bags containing a total of 36 dihydrocodeine tablets were found (Class B, Count 2).  Hussain claimed that the tablets were prescribed but that he did not have the document with him.  He was arrested and a personal search was carried out, during which a customs officer spotted a package at the back of Hussain's throat.  He refused to spit it out and it is suspected he swallowed it.  Hussain was X-rayed and a suspicious package was seen to be in his abdomen.  Later that night the package was spotted in his mouth and he eventually spat it out.  It contained 8.99 grams of heroin with 54% purity.  The mid-market street value of the heroin was £9,000 and the dihydrocodeine had a value of £54.

Details of Mitigation:

The Crown

Guilty plea; both drugs imported for personal use.

The Defence

Lengthy history of drug dependency; wanted to distance himself from drug culture in Jersey; remorse.

Previous Convictions:

53 previous convictions, 11 for drug offences.  Appeared before the Royal Court in 2004 for possession of heroin and sentenced for 2½ years' imprisonment.  In 2007 was sentenced to 7 years' imprisonment for possession with intent to supply of almost 260 grams of heroin.

Conclusions:

Total: 4 years' imprisonment.

Confiscation Order sought in the minimal amount of £1.

Forfeiture and destruction of drugs sought.

Sentence and Observations of Court:

No alternative to prison.

Conclusions granted.

C. M. M. Yates, Esq, Crown Advocate.

Advocate J. M. Grace for the Defendant.

JUDGMENT

THE BAILIFF:

1.        You have a long-standing heroin addiction and a poor record.  In 2004 you were sentenced to 2½ years' imprisonment for possession of heroin and other offences, and in 2007 you were sentenced to 7 years' imprisonment for possession of heroin with intent to supply.  You were released in December 2011.  After your release you lived in London but you came to Jersey at the beginning of May this year.  You say that was to gain help with your addiction from the Probation and Alcohol and Drugs Services in the Island.  But you went back to London for a few days and returned to Jersey on 18^th May when you were stopped with 9 grams of heroin, which you concealed, together with a small number of dihydrocodeine tablets, which is a Class B drug.  The Crown, however, accepts that these were all for your personal use and we therefore proceed on that basis.  The Crown has moved for a starting point of 7 years and we agree with that. 

2.        In mitigation there is your guilty plea; there is the fact that these drugs were for your personal use and there is the letter you have written to us and the other matters put forward by your advocate.  We note, in particular, that you are attempting to make the best use of time in prison by taking various courses, so as to equip you when you are released.  There is, however, no alternative to prison in this case.  We hope that whilst you are there you will try and address the various issues which you face, particularly your heroin addiction, because until you can overcome that, the outlook is bleak; so we hope very much that you will take advantage of the courses.  

3.        But we think the Crown's conclusions make every allowance for the mitigation and are correct.  The sentence on Count 1 is 4 years' imprisonment, on Count 2; 6 months' imprisonment, concurrent, so that is 4 years in all. 

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

Authorities

AG-v-Hussain [2004] JRC 193.

AG-v-Hussain [2007] JRC 182.

Rimmer-v-AG [2001] JLR 373.

Shahnowaz-v-AG [2007] JLR 221.

AG-v-Falle [2010] JRC 153.

Whelan on Aspects of Sentencing in the Superior Courts of Jersey.