Jersey Unreported Judgments

Superior Number Sentencing - drugs - importation - Class A.

[2015]JRC171

Royal Court

(Samedi)

18 August 2015

The Attorney General

-v-

Neil McInally

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 19^th June, 2015, following a guilty plea to the following charge:

Age:  30.

Plea: Guilty.

Details of Offence:

McInally was the Scottish organiser/principal point of contact in Glasgow for the importation into Jersey of 110.20 grams of heroin with a street value in Jersey of £110,000. 

His three co-conspirators had all been arrested on 2^nd May, 2013, (see AG v Capuano, Mason and McBride [2014 JRC 034]).  The identity and role of McInally had been ascertained from an analysis of various telephones seized from the conspirators in Jersey.  The sum of £3,275 has been transferred from Jersey to McInally and/or his associates in Glasgow.  The wholesale value of this quantity of heroin in Glasgow was between £2,000 and £3,250. 

An arrest warrant had been obtained against McInally in September 2013 and he had been arrested on 15^th May, 2015, and returned to Jersey.  He was indicted directly to the Royal Court pursuant to the Attorney General's customary powers. 

The Crown had taken a starting point of 11 years' imprisonment which was the same 'starting point' taken for the Jersey organiser/point of contact - Capuano. 

Details of Mitigation:

The Crown

Guilty plea: entered on first substantial hearing before the Royal Court.  Entitled to one-third reduction.  Did not have the benefit of age or good character.  Extensive record including three previous for possession of drugs.  Assessed as being at high risk of re-conviction and also as posing a high risk of harm to the public.  Some evidence to suggest that he had a different i.e. positive side to his character since the birth of his children. 

The Defence

Accepted his role as described by the Crown.  Not involved in the actual purchase/sourcing of the heroin but had put co-conspirators in touch with somebody who could assist.  Did not seek to minimise role/involvement.  Accepted the Crown had identified the correct sentencing band under the Rimmer guidelines and agreed with a starting point of 11 years.  Emphasised guilty plea but no forensic evidence against him.  Evidence circumstantial.  Guilty plea entitling him to the full one-third deduction.  Highlighted his difficult upbringing and the efforts he had taken to change his life particularly after the commission of the offence and was still at liberty in Scotland.  Remorse.  Positive conduct in prison: undertaking courses to improve education etc. 

Previous Convictions:

A total of 30 offences including theft, vandalism, possession of offensive weapon x 3, assault x 5, possession of controlled drugs x 3, carrying a knife, behaving in a threatening or abusive manner. 

Conclusions:

Confiscation Order in the nominal amount of £1 sought. 

Forfeiture and destruction of the drugs sought. 

Sentence and Observations of Court:

The defendant to be sentenced for his part in the conspiracy to import into Jersey 110.20 grams of heroin with a street value in Jersey of £110,000.  The Crown had submitted that from an analysis of the telephones etc. the defendant had been close to the importation.  The Court was satisfied that 11 years' imprisonment was the appropriate starting point.  This had been accepted by his counsel.  The Court considered the mitigation available particularly the guilty plea.  He was entitled to full credit for that plea.  The Court had read the letters and references.  They indicated that he was attempting to turn his life around.  He did not have the benefit of good character and had previous convictions for drugs.  He had no convictions since the birth of his children.  Confiscation Order made as sought/agreed. 

The Crown's submissions were entirely correct.  The Court felt able to make a slight deduction. 

Confiscation Order in the nominal amount of £1 made.

Forfeiture and destruction of the drugs ordered.

J. C. Gollop, Esq., Crown Advocate.

Advocate R. C. L. Morley-Kirk for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        You are here to be sentenced for your part in a conspiracy to import 110 grams of heroin into Jersey from Glasgow with a Jersey street value of £110,000.  Your three co-conspirators have already been sentenced on an earlier occasion. 

2.        As the Crown has said, from a consideration of the evidence available from telephone analysis and the actions you have taken, you were close to the centre of this importation and we are satisfied, as indeed is accepted by your counsel, that a starting pint of 11 years is appropriate in these circumstances.

3.        We have considered the mitigation available to you, your guilty plea in particular, which goes very much to your credit and for which we have allowed a full value.  We have also read with great care the letters that have been sent of your behalf; they do speak well of you and they suggest that you are trying to turn your life around, especially the letter from your partner and from her mother.  You do not have the benefit of good character, indeed you have previous convictions for the possession of drugs, but there have been no convictions since the birth of your children. 

4.        We make the Confiscation Order requested in the following terms: we declare you have benefitted to the extent of £275 and we order a nominal confiscation as requested by the Crown.

5.        We have considered with care the length of the sentence that we should impose.  The guidance of the Court is clear and we think that the Crown has assessed the appropriate level of sentence correctly.  We feel able, however, to make a small adjustment and you are sentenced to 7 years' imprisonment. 

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

Authorities

AG-v-Capuano Mason McBride and Picot [2014] JRC 034.

Rimmer and Ors-v-AG [2001] JLR 373.