Jersey Unreported Judgments

Superior Number Sentencing - Drugs - importation - Class A and B.

[2016]JRC094A

Royal Court

(Samedi)

12 May 2016

The Attorney General

-v-

John Michael Childs

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 8^th April, 2016, following guilty pleas to the following charges:

Age:  27.

Plea: Guilty.

Details of Offence:

The defendant arrived in Jersey on a flight from Liverpool.  A search of his holdall revealed a morphine tablet (originally the subject of Count 1, which lays on file).  On swabs carried out on his possessions gave positive readings for cocaine, heroin and THC.  The defendant was arrested and taken to the hospital where a subsequent X-ray showed a suspicious object in his abdomen.  It was subsequently established that the defendant had concealed a package between his buttocks containing 25.15g of herbal cannabis (Count 2), and internally concealed a package containing 20.11g of cocaine with a purity of 32% by weight (Count 3).  The drugs had an approximate street value of £500 and £2,000 respectively. 

Details of Mitigation:

Early guilty pleas (almost inevitable).  Drugs imported for personal use.  Cooperation.  Letter of remorse. 

Previous Convictions:

26 previous convictions comprising 35 offences.  13 theft and kindred offences, together with two previous offences of possession of cannabis in 2011 and 2015. 

Conclusions:

Total: 4½ years' imprisonment. 

Forfeiture and destruction of the drugs sought.

Sentence and Observations of Court:

Conclusions granted.

M. R. Maletroit, Esq., Crown Advocate.

Advocate L. J. Glynn for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        You are here to be sentenced on two counts of importation of controlled drugs, namely 25.15 grams of herbal cannabis and 20.11 grams of cocaine, the street values respectively are £500 and £2,000.  You are a user of these drugs and you acquired and imported them for your personal use.  Importation of this amount of Class A drugs attracts a starting point within the range stipulated by the Crown.  In our view, however, on our understanding of your involvement, we think the Crown's assessment of the starting point is slightly too high and in our view the starting point should be one of 8 years' imprisonment. 

2.        You pose a high risk of reconviction and your record is a poor one but we note that you pleaded guilty at the earliest opportunity and we agree that the appropriate discount is one of 25% to reflect that guilty plea even though, in our view, such a plea was almost inevitable given the internal nature of the importation. 

3.        We note the other mitigation and in particular the fact that personal use is to be taken as a mitigating factor and in the case of Shanowaz-v-AG [2007] JLR 221, a period of 1 year deduction for such use was felt to be reasonable. 

4.        Taking all of the factors in mitigation into account including your letter and a measure of cooperation you have shown with the authorities, we nonetheless think that the result moved for by the Crown is correct in all of the circumstances. 

5.        Accordingly, with regard to Count 2 you are sentenced to 3 months' imprisonment and with regard to Count 3 you are sentenced to 4½ years' imprisonment, concurrent, making a total of 4½ years' imprisonment. 

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

Authorities

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

Shahnowaz-v-AG [2007] JLR 221.