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Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> AG -v- Boschat Coote and Cowling [2015] JRC 254 (11 December 2015)
URL: http://www.bailii.org/je/cases/UR/2015/2015_254.html
Cite as: [2015] JRC 254
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Inferior Number Sentencing - drugs - importation - possession - production.
|
Before : |
T. J. Le Cocq, Esq., Deputy Bailiff, and Jurats Ramsden and Kerley |
The Attorney General
-v-
Luke John Boschat
Conor John Coote
William Cowling
Sentencing by the Inferior Number of the Royal Court, following guilty pleas to the following charges:
Luke John Boschat
|
1 count of: |
Being knowingly concerned in the fraudulent evasion of the prohibition for the time being in force with respect to goods under or by virtue of any enactment, contrary to Article 61(2)(b) of the Customs and Excise (Jersey) Law 1999 (Count 1). |
|
2 counts of: |
Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey ) Law 1978 (Counts 2 and 3). |
Age: 23.
Plea: Guilty.
Details of Offence:
The defendant had been under police observation in the days leading up to their arrest. On the day of their arrest, Customs intercepted a registered parcel at the Jersey Post sorting office. An x-ray revealed that the parcel contained a pair of ankle high boots with a round object within the toe area of each boot. The parcel was opened and two fist-sized packets of white powder were seized from the boots. The powder packets was subsequently analysed and found to contain 123.53g and 123.47g of Methiopropamine ("MPA") (Count 1). MPA is not a controlled substance. However, it is prohibited from importation under the Open General Import Licence.
Police officers removed the powder packages and substitutes were placed inside the boots together with two listening devices. A postman attempted to deliver the parcel to Coote's home address notwithstanding that the parcel was addressed to a false name and the postal address was inaccurate. Coote took possession of the parcel and signed for the package in the false name. Coote was then heard on the audio device secreted within the parcel telling his mother that the parcel contained shoes for him. Immediately after, officers entered Coote's address and arrested him and Cowling who was also present.
During a search of Coote's home officers seized 54mg of herbal cannabis (Count 4), 3.5g of cannabis resin (Count 5) and two cannabis plants with a potential yield of 28g to 84g each (Count 6). A search warrant was also executed at Cowling's home address where officers seized 8.59g of herbal cannabis (Count 7).
Boschat was arrested later that day. During a search of his home address officers seized 8.27g of herbal cannabis (Count 2) and 3.25g of cannabis resin (Count 3).
Further investigations relating to Count 1 revealed that Boschat had placed an online order for MPA at a cost of £580 which was delivered to Cowling's brother in Sunderland. Boschat initially denied possessing a bank account. However enquiries revealed that he paid £610 into his personal bank account the day before placing the order online.
Cowling was the main organiser of the importation. It was accepted that Coote only became involved in the importation at a very late stage and the extent of his involvement was to provide a postal address in return for £150 which he did not in fact receive.
Details of Mitigation:
Guilty plea, genuine remorse
Previous Convictions:
15 previous convictions comprising 41 offences including possession of cannabis, dishonesty and violence.
Conclusions:
|
Count 1: |
9 months' imprisonment. |
|
Count 2: |
2 weeks' imprisonment, concurrent. |
|
Count 3: |
1 week's imprisonment, concurrent. |
Breach of Community Service Order: 5 weeks' imprisonment, consecutive to Count 1.
Discharge original Community Service Order.
Total: 9 months and 5 weeks' imprisonment.
Confiscation Order sought in the nominal amount. Declaration of benefit of drug trafficking sought in the amount of £1,210.
Forfeiture and destruction of the drugs sought.
Sentence and Observations of Court:
|
Count 1: |
150 hours' Community Service Order, equivalent to 9 months' imprisonment, together with a 12 month Probation Order. |
|
Count 2: |
45 hours' Community Service Order, equivalent to 2 weeks' imprisonment, concurrent. |
|
Count 3: |
40 hours' Community Service Order, equivalent to 1 week's imprisonment, concurrent. |
Breach of Community Service Order:- 10 hours' Community Service Order, equivalent to 4 weeks' imprisonment, consecutive to Count 1, together with discharge of original order.
Total: 160 hours' Community Service Order, equivalent to 10 months' imprisonment, plus a 12 month Probation Order.
Confiscation Order made in the nominal amount. Benefit declared at £1,210.
Forfeiture and destruction of the drugs ordered.
Conor John Coote
|
1 count of: |
Being knowingly concerned in the fraudulent evasion of the prohibition for the time being in force with respect to goods under or by virtue of any enactment, contrary to Article 61(2)(b) of the Customs and Excise (Jersey) Law 1999 (Count 1). |
|
2 counts of: |
Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey ) Law 1978 (Counts 4 and 5). |
|
1 count of: |
Production of a controlled drug, contrary to Article 5(a) of the Misuse of Drugs (Jersey) Law 1978 (Count 6). |
Age: 21.
Plea: Guilty.
Details of Offence:
See Boschat above.
Details of Mitigation:
Guilty plea, late involvement in the importation, residual youth, learning difficulties.
Previous Convictions:
3 previous convictions comprising 11 offences including possessions and supply of cannabis and driving offences.
Conclusions:
|
Count 1: |
5 months' and 22 days' imprisonment. |
|
Count 4: |
No separate penalty. |
|
Count 5: |
5 months' imprisonment, concurrent to Count 1. |
|
Count 6: |
4 months' imprisonment, concurrent. |
Total: 5 months and 22 days' imprisonment.
Forfeiture and destruction of the drugs sought.
Sentence and Observations of Court:
|
Count 1: |
110 hours' Community Service Order, equivalent to 5 months' imprisonment, together with a 12 month Probation Order. |
|
Count 4: |
No separate penalty. |
|
Count 5: |
110 hours' Community Service Order, equivalent to 5 months' imprisonment, concurrent to Count 1. |
|
Count 6: |
100 hours' Community Service Order, equivalent to 4 months' imprisonment, concurrent to Count 1. |
Total: 110 hours' Community Service Order, equivalent to 5 months' imprisonment, together with a 12 month Probation Order.
Forfeiture and destruction of the drugs ordered.
William Cowling
|
1 count of: |
Being knowingly concerned in the fraudulent evasion of the prohibition for the time being in force with respect to goods under or by virtue of any enactment, contrary to Article 61(2)(b) of the Customs and Excise (Jersey) Law 1999 (Count 1). |
|
1 count of: |
Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey ) Law 1978 (Count 7). |
Age: 25.
Plea: Guilty.
Details of Offence:
See Boschat above.
Details of Mitigation:
Guilty plea.
Previous Convictions:
13 previous convictions comprising 39 offences including trafficking of cannabis, dishonesty and driving offences.
Conclusions:
|
Count 1: |
12 months' imprisonment. |
|
Count 7: |
2 weeks' imprisonment, concurrent. |
Total: 12 months imprisonment.
Confiscation Order sought in the amount of £642.26. Declaration of benefit of drug trafficking sought in the amount of £976.54.
Forfeiture and destruction of the drugs sought.
Sentence and Observations of Court:
|
Count 1: |
180 hours' Community Service Order, equivalent to 12 months' imprisonment, together with a 12 month Probation Order. |
|
Count 7: |
45 hours' Community Service Order, equivalent to 2 weeks' imprisonment, concurrent. |
Total: 180 hours' Community Service Order, equivalent to 12 months' imprisonment, plus a 12 month Probation Order.
Confiscation Order made in the amount of £642.26. Benefit declared at £976.54.
Forfeiture and destruction of the drugs ordered.
E. L. Hollywood, Crown Advocate.
Advocate P. S. Landick for Boschat.
Advocate J. M. Grace for Coote.
Advocate N. D. E. Addis for Cowling.
JUDGMENT
THE DEPUTY BAILIFF:
1. You are to be sentenced today for one count of importation of prohibited goods, namely 247 grams of methiopropamine, also known as MPA, worth £15.000. In addition you, Boschat, are to be sentenced for one count of possession of 8.72 grams of herbal cannabis, possession of 265 milligrams and 2.98 grams of cannabis resin, and this offending places you in breach of the Community Service Order imposed on 21st January this year of 140 hours for various charges relating to breaking and entering, not your first breach. Coote, in addition you have pleaded guilty to possession of 54 milligrams of herbal cannabis and 2.43 grams and 1.07 grams of cannabis resin and to the production of cannabis. Cowling, in addition you are guilty to the possession of 8.59 grams of herbal cannabis.
2. The most serious count is that which you are all charged with, because MPA is a new psychoactive substance; its properties are unknown and it is potentially dangerous. We take each of your involvements in this offending as set out by the Crown and take the view that you, Cowling, were the prime mover. We note the basis of your plea Coote and we accept that, as has the Crown.
3. The Court's policy is clear. It requires exceptional circumstances in cases of trafficking to avoid a substantial custodial sentence so we have asked ourselves whether we can, in this case, find such exceptional circumstances.
4. We have had regard to all of the mitigation before us and all of the documentation, including the social enquiry reports and the other reports and we do think that in these circumstances we can find sufficient exceptional circumstances to depart from the Crowns' conclusions.
5. Boschat, we note that you have the benefit of a guilty plea and we have noted all the mitigation advanced by your counsel on your behalf, we have read very carefully indeed your letter to us and that from your mother and all of the things that we have heard in support.
6. We formally make the order declaring that you have benefitted from drugs trafficking in the sum of £1,210 and we make a confiscation order in a nominal amount.
7. In terms of the sentence that we impose on you we agree with the Crown's assessment of the custodial equivalent to each of the counts that you face with the exception that we think the custodial option in terms of the breach of the Community Service Order should be 4 weeks instead of 5. However, for the reasons set out in the report and that had been advanced by counsel on your behalf we place you on probation for a period of 12 months and we impose a Community Service Order of 160 hours' which is the equivalent of 10 months' imprisonment.
8. Coote, you are the youngest and it is clear from the reports that you have faced a number of very significant challenges in your life. We have considered with care the letters that have been put before us and the report that has been provided by your defence counsel and is among your papers. We also accept the Crown's assessment of the custodial equivalent but we sentence you to a probation order of 12 months and you will carry out 110 hours' community service which is a direct equivalent to 5 months' imprisonment.
9. Cowling, in our view you played the main part. You did not appear to express real remorse to the author of the social enquiry report but we have considered very carefully and weighed in the balance your letter and that of your partner and the other things that have been said in your favour. You appear to have made good use of your time in prison and we have noted that amongst the other areas of mitigation.
10. We make the declaration that you have benefitted from drugs trafficking to the tune of £976.54 and we order a confiscation in the sum of £646.26 as moved for by the Crown.
11. You too are sentenced to a period of probation order of 12 months with a Community Service Order of 180 hours which is the equivalent of a 12 month sentence.
12. You will all do all of the things asked of you and attend all of the courses required of you by the Probation Service.
13. In being prepared to sentence you in this way we have borne in mind that you have each served a significant portion of what would otherwise have been a custodial sentence and had that not been the case we may not have felt able to take this very exceptional course.
14. In considering how to dispose of this we have noted and accept that each of you wish to use your experience in prison as the line after which you turn your lives around and you are never before this Court again. Make no mistake, this is, in effect, your last chance. If any of you are back before this Court for any purpose in breach of the order that we have imposed you must expect the Court to lack sympathy and to impose a prison sentence on you. As I have said this is your chance to show us that what you have said to your probation officers, what you have said through your counsel, you can deliver on.
15. We also order the forfeiture and destruction of the drugs.
Authorities
AG-v-Smith and Jackson [2010] JRC 086.