Jersey Unreported Judgments

Inferior Number Sentencing - drugs - importation - possession - Class B - motoring offences.

[2014]JRC074

Royal Court

(Samedi)

21 March 2014

Before     :

Sir Michael Birt, Kt., Bailiff, and Jurats Morgan and Oslen.

The Attorney General

-v-

Daniel Luke Redon

Jared Sean Sidney Seager Dowinton

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

Daniel Luke Redon

3 counts 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 (Counts 1, 2 and 3).
1 count of:	Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978 (Count 4).
1 count of:	Failing to stop and report an accident, contrary to Article 52(1) of the Road Traffic (Jersey) Law 1956 (Count 5).
1 count of:	Driving without due care and attention, contrary to Article 25 of the Road Traffic (Jersey) Law 1956 (Count 6).

Age:  24.

Plea: Guilty.

Details of Offence:

UK Border agency officers intercepted a parcel from the Netherlands addressed to Redon and found it to contain 0-99 kg herbal cannabis.  Redon in interview admitted attempting to import the cannabis (Count 3) and volunteered that he had done so on two earlier occasions (Counts 1 and 2).  He had ordered the cannabis from the Silk Road website using a Tor browser for anonymity and using bitcoins.  A small quantity of cannabis resin was found in his car (Count 4).  The cannabis he imported he had sold to friends and expected to make a profit of £12,000 from the attempted importation.

Motoring offences

Whilst on bail Redon had crashed his car and left the scene knowing his obligations to report the matter.

Details of Mitigation:

Early guilty plea.  Good level of cooperation in writing his own Indictment on Counts 1 and 2, fully explaining how he had carried out the attempted importation and giving police access to his bank account and telephone.  No previous relevant convictions.

Previous Convictions:

No previous drug convictions but previous motoring offences.

Conclusions:

Starting point 3 years' imprisonment.

Count 1:	6 months' imprisonment.
Count 2:	6 months' imprisonment, concurrent.
Count 3:	18 months' imprisonment, concurrent.
Count 4:	3 months' imprisonment, concurrent.
Count 5:	2 year driving disqualification from driving.
Count 6:	2 year driving disqualification from driving.

Total:  18 months' imprisonment.  2 year driving disqualification from driving.

Forfeiture and destruction of the drugs sought.

Confiscation order in the nominal sum of £1 sought.

Sentence and Observations of Court:

Due to Redon's guilty plea and the mitigation available to him the Court was persuaded to impose non-custodial sentences.

Count 1:	120 hours' Community Service Order, equivalent to 6 months' imprisonment.  12 month Probation Order.
Count 2:	120 hours' Community Service Order, equivalent to 6 months' imprisonment, concurrent, and a 12 month Probation Order.
Count 3:	210 hours' Community Service Order, equivalent to 15 months' imprisonment, concurrent, and a 12 month Probation Order.
Count 4:	No separate penalty.
Count 5:	£300 fine or 1 month's imprisonment in default.  1 year disqualification from driving.
Count 6:	£200 fine or 1 month's imprisonment in default, consecutive.  1 year disqualification from driving, concurrent.

Total:  210 hours' Community Service Order, equivalent to 15 months' imprisonment, and a 12 month Probation Order.  £500 fine, or 2 months' imprisonment in default, to be paid at £40 per week.  Disqualification from driving for 1 year. 

Forfeiture and destruction of the drugs ordered.

Confiscation order in the nominal sum of £1 ordered.

Jared Sean Sidney Seager Dowinton

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 7).

Age:  22.

Plea: Guilty.

Details of Offence:

Dowinton was asked by Redon to purchase bitcoins for him, which he would then use to purchase the 0-99kg cannabis. In carrying out this act he knew he was facilitating an importation.

Details of Mitigation:

Low level of involvement.  Residual youth, guilty plea and lack of convictions.  Good work record.  Family support.

Previous Convictions:

None.

Conclusions:

Count 7:

180 hours' Community Service Order, equivalent to 12 months' imprisonment.

Forfeiture and destruction of the drugs sought.

Sentence and Observations of Court:

Count 7:

150 hours' Community Service Order, equivalent to 9 months' imprisonment.

Forfeiture and destruction of the drugs ordered.

Ms S. E. Fitz, Crown Advocate.

Advocate J. W. R. Bell for Redon.

Advocate J. M. Grace for Dowinton.

JUDGMENT

THE BAILIFF:

1.        Redon, you imported small amounts of cannabis by post on two occasions, having brought the cannabis from a website.  You then sold it to friends for profit.  You then decided to import 1kg of cannabis, you borrowed money from the bank and you used £2,600 of that to order 1kg of herbal cannabis.  You used Dowinton to disguise your purchase, by giving him the money so that he purchased the bitcoins which you then used to purchase the cannabis.  You anticipated making a profit of £12,000 so this was something done for monetary gain.  It is fortunate for the Island that the cannabis was intercepted in England.  The total involved was therefore 1.14kg, that is the total in all 3 importations, or attempted importations. 

2.        The starting point for that level of cannabis falls within the 2-6 year bracket for 1-10kg, according to the leading case of Campbell, Molloy & Mackenzie v AG [1995] JLR 136.  The Crown have said that at starting point of 3 years should be taken.  We agree that it should not be the minimum 2 years because although the total involved is at the bottom of the scale, being just over 1kg, the fact is you tried to do this on three occasions and it was increasing and you were going to speculate to a greater extent.  You were, moreover, the sole organiser in relation to this and you were going to make the profit.  It follows from this that we think the level of your involvement is that it should be above the minimum level, but we think, on balance, that 2½ years is the correct starting point. 

3.        In mitigation we have taken into account your guilty plea, which was from the start; you were extremely co-operative, as your Advocate has said; and you wrote your own Indictment on the first two counts, the minor ones, because the police did not know about that until you told them.  You have got no previous convictions except for motoring offences, although one of them involved some dishonesty.  You have a good work record, we have read the references and we have also read and seen the support offered by your family.  We have taken into account all that mitigation and indeed all the mitigation which is available on the papers before us.  Having done that we think that we are just persuaded, but only just, that we can proceed by way of a non-custodial sentence. 

4.        We think the correct length of sentence, had it been custody, would be 15 months; so we are going to pass the equivalent in terms of community service and probation.  We hope very much that you mean what you say, that you now understand and will co-operate with the requirements of probation and community service.

5.        On Count 1; 120 hours' community service, on Count 2; 120 hours' community service, on Count 3; 210 hours' community service, which we say is the equivalent of 15 months.  On all of those three there will be a probation order for 12 months, concurrent.  The sentences are concurrent, making a total of 210 hours.  There will be no separate penalty on Count 4.

6.        In relation to the motoring offences, because you are not being sent to prison we see no reason why the normal consequences should not follow, and in the Magistrate's Court you would be dealt with by way of financial penalty.  So we are going to impose a financial penalty and we will hear from your Advocate in a moment as to time to pay.  On Count 5 we impose a fine of £300, on Count 6 a fine of £200, and we impose a prison sentence of 2 months' in default.  On both those there will be a disqualification of 1 year.

7.        Dowinton, as has been outlined you played a part in this by purchasing the bitcoins with the money which Redon gave to you, so that he could then purchase the herbal cannabis.  We accept that you played a much lesser part than Redon, but the fact is, it was an integral part in what would have been a serious importation had it succeeded. 

8.        In your case we also take into account your guilty plea, the fact that you have no previous convictions, other than motoring offences.  You have reduced your own cannabis use.  We have had regard to the references.  The Crown has in your case moved for a non-custodial sentence and we agree with the Crown.  However, in order to keep your sentence proportionate to that of Redon we are going to reduce it to the equivalent of 9 months and we think in fact this reflects the role you played. 

9.        On the one count in your case there is a community service order of 150 hours.

10.      I say to both of you that if you fail to carry out the community service properly and conscientiously, if you fail to do what your Probation Officer says in your case Redon, or if either of you re-offend, then you will come back here and at that stage of course you may be sent to prison.

11.      Forfeiture and destruction of the drugs ordered.

12.      Redon to pay the fine by instalments of £40 per week. 

Authorities

Campbell, Molloy & Mackenzie v AG [1995] JLR 136.