Jersey Unreported Judgments

Superior Number Sentencing - drugs - importation - Class A - possession - Class C.

[2015]JRC036

Royal Court

(Samedi)

19 February 2015

The Attorney General

-v-

Darren John Tanguy

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 23^rd January, 2015, following guilty pleas to the following charges:

Age:  47.

Plea: Guilty.

Details of Offence:

Customs intercepted a postal package containing 1,964 Class 'A' ecstasy tablets, and delivered a surrogate package to the addressee, a St Helier restaurant.  The package was collected the same day by the defendant who carried it towards his car in an adjoining street and was arrested.  He admitted in interview that he believed the package to contain cannabis.  His role was to deliver it "around the corner".  He accepted through counsel that his benefit was £3,964 cash found in his car (Count 1).  Personal quantities of Class 'C' bodybuilding steroids were also found (Counts 2-7). 

Details of Mitigation:

Guilty plea, cooperation, good work record. 

Previous Convictions:

15 previous convictions including 4 drug offences; offering to supply ecstasy in 2001; being knowingly concerned in the importation of 10,000 steroids for personal use in 2008; 2 convictions for possession of steroids in 2011. 

Conclusions:

Total: 5½ years' imprisonment.

Confiscation Order sought in the sum of 3,964.

Forfeiture and destruction of drugs sought.

Sentence and Observations of Court:

Total: 5 years' imprisonment.

Confiscation Order made in the sum of £3,964.

Forfeiture and destruction of drugs ordered.

D. J. Hopwood, Esq., Crown Advocate.

Advocate C. L. Le Quesne for the Defendant.

JUDGMENT

THE commissioner:

1.        You were concerned in the importation of 1,964 ecstasy tablets with a street value of just under £40,000.  You were also in possession of some steroids for your own use.  Your involvement was that you agreed at short notice to pick up the package containing the drugs and you were going to take that package to another address.  You thought the package contained cannabis rather than ecstasy but, as the Court has said on many occasions, that is not a mitigating factor.  Your counsel has accepted, and you have accepted by the Confiscation Order, that you benefitted to the extent of £3,964 by reason of your involvement.  Now we accept that your involvement in the ecstasy offence was comparatively limited but, as the Court has said before on many occasions, any link in the chain of importation and supply is important. 

2.        Now the Crown has referred to the case of Bonnar and Noon-v-AG [2001] JLR 626 where the starting point is between 9 and 11 years for between 1,000 and 2,500 tablets.  The Crown has taken a starting point of 9½ years, presumably having regard to the quantity of tablets, but we agree with your Advocate that in view of the nature of your involvement the correct starting point is one of 9 years. 

3.        In mitigation we take into account your guilty plea and your cooperation with the police, your good work record, the fact that you have built up your self-employed business, the letters and references that we have received, your intention to give up steroids and the fact that you have provided support for your father since your mother passed away in August.  We have also had regard to the other information on the papers before us.  In all the circumstances we agree with your Advocate that the conclusions should be reduced. 

4.        On Count 1 the sentence is 5 years' imprisonment, on Counts 2, 3 and 5-7; I week's imprisonment, on Count 4; I month's imprisonment, all of those concurrent, making 5 years' imprisonment in all. 

5.        We also order the forfeiture and destruction of the drugs. 

Authorities

Bonnar and Noon-v-AG [2001] JLR 626.

AG v Tanguy and Stewart [2008] JRC 094.

AG v Williamson [2011] JRC 232.

Extracts from Whelan: Aspects of Sentencing (3rd Edition (2011).