Jersey Unreported Judgments

Inferior Number Sentencing - drugs - importation - Class B.

[2014]JRC024

Royal Court

(Samedi)

24 January 2014

The Attorney General

-v-

Jack Alexander Coughlan

Sentencing by the Inferior Number of the Royal Court, following guilty pleas to the following charges:

Age:  19.

Plea: Guilty.

Details of Offence:

The defendant was convicted for the postal importation of a total of 150g of New Psychoactive Substances (also known as NPS or legal highs), namely methylethcathinone, on three separate occasions.  In respect of Count 2 he arranged for the importation to be delivered to his friend who had agreed to receive a delivery for him.  He was not co-operative during interview. 

Details of Mitigation:

Guilty pleas at Indictment.  Personal use only.  Long term medical issues. 

Previous Convictions:

No relevant convictions.

Conclusions:

Total: 180 hours' Community Service Order, equivalent to 1 year's youth detention.

Confiscation Order in the nominal sum of £1 sought.

Forfeiture and destruction of drugs sought.

Forfeiture and destruction of Laptop computer and phone sought.

Sentence and Observations of Court:

Total: 120 hours' Community Service Order, equivalent to 6 months' youth detention.

Confiscation Order in the nominal sum of £1 made.

Forfeiture and destruction of drugs ordered.

Forfeiture and destruction of Laptop computer and phone not ordered.

Mrs S. J. O'Donnell, Crown Advocate.

Advocate C. M. Fogarty for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        You are here to be sentenced on an Indictment that contains three counts of being knowingly concerned in the importation of methylethcathinone.  This is a Class B substance which you ordered using the help of a friend of yours through the post on the internet.  You had no idea what this substance would contain and yet, apparently, were prepared to take a chance that it would not do you any harm.  It was the most extraordinarily potentially damaging risk that you were taking on, and, quite apart from anything the Court may say, the really important thing is that you realise how daft that was because you could have done yourself enormous damage. 

2.        For the importation of drugs of this kind the Court will always look at a custodial sentence.  In your case, because you are 19, we have to have regard to the Criminal Justice (Young Offenders)(Jersey) Law 1994 legislation which requires us not to impose a custodial sentence unless there really is no alternative to doing so.  In your case that is not the position because we do not feel that we are required to look at a custodial sentence.  We are not going to impose one.  That does not underplay the seriousness of the offence and it does not underplay the damage that you could have caused yourself and we really want to emphasise that. 

3.        We have noted carefully everything that your counsel has said and, in particular, the differences between the case which involves you and the cases of AG-v-Sanguy [2012] JRC 170A and AG-v-L'Enfant [2013] JRC 169 and AG-v-Moody [2012] JRC 183.  We think those are fair differences to draw to our attention and for that reason we think that the Crown's conclusions of 180 hours' community service are too high. 

4.        We are going to impose a sentence upon you of 120 hours' community service on each of the three counts.  They will run concurrently and therefore make a total of 120 hours.  The alternative custodial sentence which would have been considered would be 6 months' youth detention.

5.        If you do not perform the community service you are liable to be brought back to the Court and the Court can consider again whether it is necessary to impose some custodial sentence upon you so there is that sword of Damocles which hangs over you.  You must perform the community service.  If you do not there will be more trouble down the line.  In reducing the sentencing conclusions, we have taken into account that there is no question of supply of these drugs in your case and we have taken into account the very unpleasant medical problems that you have had at different times, and of course we have noted the guilty plea.  So you are sentenced to 120 hours' community service on those charges. 

6.        We make a declaration, which is unopposed, that you have benefitted from drug trafficking in the sum of £1,585.78 and we make a Confiscation Order in the sum of £1.

7.        It is open to the Crown to come back to the Court to seek to increase the amount of the Confiscation Order if circumstances so warrant it at some point in the future and I would like to make it plain that in that event, if ever the Crown were to consider it, because this is a young man and he hopefully is going to have some assets in terms of a job, that we would certainly not expect to increase the Confiscation Order unless there was some clear link to other drug trafficking. 

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

9.        These were serious offences, you have had some difficulties, but you are now 19 and you can put it behind you and we do not expect to see you again. 

Authorities

Criminal Justice (Young Offenders)(Jersey) Law 1994.

AG-v-Sanguy [2012] JRC 170A.

AG-v-L'Enfant [2013] JRC 169.

AG-v-Moody [2012] JRC 183.

AG-v-A, B, C, D, E, F and G [2009] JRC 107.

R-v-Islam [2009] UKHL 30.