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Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> AG -v- Logan [2015] JRC 113 (27 May 2015)
URL: http://www.bailii.org/je/cases/UR/2015/2015_113.html
Cite as: [2015] JRC 113
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Superior Number Sentencing - drugs - importation - Class B.
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Before : |
T. J. Le Cocq, Esq., Deputy Bailiff, and Jurats Kerley, Olsen, Liston, Sparrow, Le Breton and Le Cornu. |
The Attorney General
-v-
Bradley Stuart Logan
Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 24th April, 2015, following a guilty plea to the following charge:
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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). |
Age: 35.
Plea: Guilty.
Details of Offence:
On 6th February, 2015, the defendant arrived at Jersey Harbour and was stopped by Customs. He explained he had been stopped by the UK border force officers at Weymouth prior to boarding and was fined £50 for possession of two grams of herbal cannabis. He also declared he used cannabis on a daily basis.
The vehicle was searched. Screwdrivers and rolls of tape were found and on removing the boot lining allowing access to the spare wheel it was noted to be unusually heavy. An x-ray of the wheel showed objects concealed within. The tyre sidewall was cut away and a number of packages wrapped in plastic tape could be seen and were removed. A field test indicated the presence of cannabis. A further search revealed packages in the rear door trim panels.
340 bars of cannabis were removed, weighing 33.402 kilograms. The Jersey street value of that quantity (340m x100 gram bars) is between £500,000 and £600,000.
In the first interview the defendant denied any knowledge of the cannabis found and claimed that the car belonged to his mother.
The defendant asked to be re-interviewed and told officers a work colleague had suggested a trip to Jersey for which he could earn some cash yet claimed he had been 'set up'.
Details of Mitigation:
Guilty plea, nothing more than a courier. Now admits to having been approached to carry out the importation for financial reward.
Previous Convictions:
Six previous convictions mainly consisting of historic drug offences as well as two minor public order offences.
Conclusions:
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Count 1: |
Starting point 10 years' imprisonment. 7 years' imprisonment. |
Forfeiture and destruction of drugs sought.
Sentence and Observations of Court:
Conclusions granted.
R. C. P. Pedley, Esq., Crown Advocate.
Advocate A. M. Harrison for the Defendant.
JUDGMENT
THE DEPUTY BAILIFF:
1. You are to be sentenced today in respect of one count of being concerned in the fraudulent evasion of the prohibition on the importation of a controlled drug, namely 340 bars of cannabis resin with a total weight of 33.402 kg and a wholesale value of approximately £40,000 and a Jersey street value of between £500,000 and £660,000. That cannabis was discovered hidden in a Mazda motor vehicle which you were driving when you disembarked from Weymouth on 6th February of this year. The cannabis was hidden in the spare wheel, behind the door trims, and in other places throughout the vehicle.
2. Although the evidence was strong you continued, in interview, to deny any knowledge of the hidden cannabis. You have previous convictions for drugs, although we note that these were some 14 years ago and dealt with by way of a financial penalty. You are assessed as a high risk of reoffending, particularly in connection with drugs offences and we note that there is no clear indication of remorse. Your motivation for the importation appears to be nothing more than financial reward. You have, of course, pleaded guilty but you will appreciate that the evidence against you was very strong indeed and you did not do so at the earliest opportunity. However, you are entitled to an appropriate amount of discount to reflect your guilty plea.
3. We have regard to the guideline case of Campbell Molloy and Mackenzie-v-AG [1995] JLR 136 and the other cases put before us as examples by the Crown. In our view the starting point for this offences, as indeed your counsel agrees, given the quantity of drugs and the value, is as the Crown suggests, one of 10 years.
4. We have considered with great care all that your counsel has said on your behalf and all of the papers before the Court but we consider that the Crown's conclusions are nonetheless entirely correct.
5. The sentence of this Court is that you will go to prison for 7 years.
6. We also order the forfeiture and destruction of the drugs.
Authorities
Campbell Molloy and Mackenzie-v-AG [1995] JLR 136.
AG-v-Dicker and Ors 1998/216.
AG-v-Travis and Others 2000/80.
AG-v-O'Connor and Others [2006] JRC 194.