Jersey Unreported Judgments

Superior Number Sentencing - drugs - importation - Class A.

[2015]JRC115

Royal Court

(Samedi)

27 May 2015

The Attorney General

-v-

Joseph Gillespie

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 25th April, 2015, following a guilty plea to the following charge:

Age:  49.

Plea: Guilty.

Details of Offence:

On arrival at Jersey Airport the defendant told Customs he had come to attend a friend's stag do.  An ion scan of the defendant's luggage gave a positive reading for the presence of cocaine.  On waiting to be searched the defendant confessed to the officers to being in possession of what he thought was cocaine and removed a tennis ball shaped package from his underwear. 

The package was analysed and Gillespie had imported approximately 123.02 grams of cocaine with a street value of £9,840 and a purity of 8%. 

The defendant took full responsibility and it was accepted the extent of the defendant's involvement was acting merely as a courier in return for financial gain. 

Details of Mitigation:

Guilty plea, no previous convictions in regards to drugs as well as a supportive partner and family. 

Previous Convictions:

The defendant had a total of seven convictions for eleven offences of a predominantly violent and dishonest nature. 

Conclusions:

Forfeiture and destruction of drugs sought.

Sentence and Observations of Court:

The Court noted there was not enough to depart from the normal approach. 

Conclusions granted. 

R. C. P. Pedley, Esq., Crown Advocate.

Advocate P. S. Landick for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        You are here to be sentenced this morning for being knowingly concerned in the fraudulent evasion of the prohibition on the importation of approximately 123.2 grams of cocaine, a Class A drug with a value of approximately £10,000.  The offence came to light when, on 23^rd January of this year, you were stopped and searched by customs officers at the airport.  Although you initially provided a false reason for coming to the island, when it became clear that a search was to be undertaken, you admitted that you were carrying an amount of cocaine hidden in your underwear.  You made frank admissions to the police but did not provide information as to who you were bringing the drugs in for, which is a common feature of cases of this nature.  You pleaded guilty but, as is also often the case in drugs importation you were, in effect, caught with illegal drugs on your person.  However, the Court is going to allow full one-third discount in respect of your plea. 

2.        You do not have a good record but none of your previous convictions relate to drugs offences and they appear to be of a relatively minor order.  The Court notes the guideline case of Rimmer Lusk and Bade-v-AG [2001] JLR 373 and notes that the starting point for trafficking offences, as this is, for a quantity of between 100 and 250 grams is in the 10-13 year range.  We accordingly agree with the Crown that the appropriate starting point is at the lower end of the scale and should be one of 10 years. 

3.        As I have said we have noted your guilty plea and the Crown accepts that you were a simple courier and were not close to the source of supply. 

4.        We have listened very carefully to all that your advocate has said on your behalf and have also read most carefully the communications from the people with whom you reside in Glasgow and indeed from your doctor.  We acknowledge that these communications speak well of you and that you have had difficulties and medical challenges over the years. 

5.        However, none of these factors, to our mind, are sufficiently exceptional in nature to cause the Court to depart from its normal approach in dealing with drugs trafficking.  Even though we allow a full one-third discount for your plea, we think the Crown's conclusions are correct and in fact those conclusions numerically allow not only for that third but for an additional discount by way of mitigation. 

6.        Accordingly you are sentenced to 6 years' imprisonment. 

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

Authorities

Rimmer Lusk and Bade-v-AG [2001] JLR 373.

AG-v-Knowles [2014] JRC 007.

AG-v-Dobson [2011] JRC 197.