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Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> AG -v- Clark [2016] JRC 094B (12 May 2016)
URL: http://www.bailii.org/je/cases/UR/2016/2016_094B.html
Cite as: [2016] JRC 094B, [2016] JRC 94B
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Superior Number Sentencing - Drugs - importation - Class B.
|
Before : |
T. J. Le Cocq, Esq., Deputy Bailiff, and Jurats Nicolle, Olsen, Blampied, Ramsden and Thomas |
The Attorney General
-v-
Richard Clark
Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 18th March, 2016, following a guilty plea to the following charge:
|
1 count of: |
Being knowingly concerned in the fraudulent evasion 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: 50.
Plea: Guilty.
Details of Offence:
The defendant arrived in Jersey by ferry from Poole. The vehicle he was driving was stopped and searched by Customs Officers, who located 28 tape wrapped packages concealed behind the rear door panels, each of which contained cannabis resin. The total weight of the 310 cannabis blocks was 30.225kg, with a street value estimated to be between £453.375 and £604,000. The Crown classified the defendant as a courier.
Details of Mitigation:
Early admissions and guilty plea. Cooperation with investigatory authorities. Named mainland supplier to the authorities (openly acknowledged in Court).
Previous Convictions:
Eight previous convictions comprising 20 offences. Two 6 year custodial sentences (for aggravated burglary and robbery). No drug-related convictions.
Conclusions:
|
Count 1: |
Starting point 10 years' imprisonment. 6 years' imprisonment. |
Forfeiture and destruction of the drugs sought.
Sentence and Observations of Court:
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Count 1: |
Starting point 10 years' imprisonment. 5 years' imprisonment. |
Forfeiture and destruction of the drugs ordered.
M. R. Maletroit, Esq., Crown Advocate.
Advocate L. J. Glynn for the Defendant.
JUDGMENT
THE DEPUTY BAILIFF:
1. You are to be sentenced today for one count of importation of cannabis resin. The amount involved was substantial, more than 30 kilos with a wholesale value of £124,000 and a local street value of between £453 and £604,000. The drugs were hidden within your car and you tried to bring it into Jersey on the 15th January this year. Your motivation appears to have been nothing other than financial gain and advantage.
2. You have pleaded guilty and have done so at an early stage and we allow a full one-third discount for that guilty plea. You were largely cooperative with the authorities although your interview was "no comment". It would be an understatement to say that your record is not a good one although you have no previous for drugs we cannot but note however that you have received two sentences, each for 6 years' imprisonment, in the past for very serious offences. We note all of the things said about you in the social enquiry report and we also note that you represent a high risk of reconviction.
3. You have named your supplier and that is a significant element of mitigation and you have allowed the fact that you have named your supplier to be stated in open court and that, too, is an important element of mitigation.
4. We pay mind to all of these factors, including the quality of the information that you have provided and, in our view, from a starting point of 10 years' imprisonment the correct sentence, allowing for all of the mitigation, is one of 5 years' imprisonment and we so order.
5. We also order the forfeiture and destruction of the drugs.
Authorities