Jersey Unreported Judgments

Inferior Number Sentencing - drugs - importation - Class B.

[2016]JRC117

Royal Court

(Samedi)

8 July 2016

The Attorney General

-v-

Stuart Marshall

Sentencing by the Inferior Number of the Royal Court, following a guilty plea to the following charge:

Age:  41.

Plea: Guilty.

Details of Offence:

The defendant was stopped and questioned by Customs and Immigration Officers after disembarking the Commodore Clipper from Portsmouth.  The Seat Leon that he was driving was searched and 7.9kg of cannabis resin was found in the spare tyre which was in the boot of the car.  The estimated street value was between £118,500 and £158,000.  The defendant initially denied knowledge of the drugs, stating that he was in the island to get away from his partner and to carry out some work for a local haulage company.  Later in the interview the defendant admitted that he knew there was cannabis in the spare tyre but was not aware of the amount.  He stated that he was to be paid £2,000 for importing the cannabis into Jersey. 

The Crown treated the defendant as a courier albeit that he was involved in a reasonable amount of preparatory activity during the week of the importation.  He booked his ferry ticket and hotel five days before the importation and took possession of and was entrusted with the cannabis with a street value as high as £158,000 two days before travel. 

Details of Mitigation:

Guilty plea although he had little alternative, co-operative after initial denial, letter of remorse. 

Previous Convictions:

45 offences all committed in England, including one previous drugs-related conviction for possession of cannabis resin in 2015. 

Conclusions:

Forfeiture and destruction of the drugs sought.

Sentence and Observations of Court:

Conclusions granted.

D. J. Hopwood, Esq., Crown Advocate.

Advocate J. M. Grace for the Defendant.

JUDGMENT

THE commissioner:

1.        The defendant is to be sentenced for importing 7.9 kilograms of cannabis resin into the Island with a wholesale value of £31,600 and a street value of between £118,500 and £158,000.  He was stopped in his vehicle by customs officers at Elizabeth Harbour where the customs dog gave a positive indication for the presence of a controlled drug.  The drugs were found in eight packages secreted in the spare tyre removed from the well of the boot of the car.  After initial denials the defendant made full admissions saying he was to receive £2,000 by way of payment.  He was not willing to name the person who had put the spare tyre into the car. 

2.        The defendant has an extensive record, although only one previous conviction for the possession of cannabis which he has been using regularly, he informs us, since he was 21.  He is assessed at a medium risk of reconviction. 

3.        The Campbell guidelines (Campbell and Ors-v-AG [1995] JLR 136) indicate a starting point of between 2 and 6 years for quantities of Class B drugs between 1 and 10 kilograms.  The prosecution move for a starting point of 5 years reduced to 3 years allowing for mitigation. 

4.        In terms of mitigation the defendant did cooperate with the customs officers after an initial denial and he has, of course, pleaded guilty after having been caught with the drugs in his car.  In our view he had little alternative other than to admit his guilt.  He has written us a good letter of remorse which we have taken into account.  His advocate, Advocate Grace, says that the starting point sought by the Crown is too high and that 3 years is appropriate to affect his level of involvement. 

5.        As pointed out in the English case of R-v-Rimmer [1999] 1 Cr. App. R. (S) 234:-

"...a courier can be involved in a wide variety of ways.  The critical factors are the degree and extent of his involvement and the nature of the enterprise.  These are broad variables and inappropriate use of the hackneyed phrase "mere courier" is to be avoided.  There is for example a distinction between a trusted courier and a mere foot-soldier, as is pointed put in Ukoh [2005] 2 Cr. App. R. (S) 38."

6.        The defendant was involved in a reasonable amount of preparatory activity, as the Crown have pointed out, before the importation, booking his ferry ticket and hotel and he was entrusted with a valuable consignment of drugs with a Jersey street value of potentially up to £158,000.  He was therefore, on the facts known to us, at least a trusted courier.  We say at least because, as is so often the case, the Court is reliant upon his admissions in determining the full extent of his involvement and these are admissions from a man with an extensive record for dishonesty. 

7.        We have considered the matter carefully but we agree with the Crown that 5 years in the correct starting point for the importation as properly reflecting the defendant's involvement in this matter and we also agree that 3 years is the appropriate sentence allowing for all of the mitigation that has been put forward on his behalf. 

8.        You are sentenced to 3 years' imprisonment. 

9.        We also order the forfeiture and destruction the drugs. 

Authorities

Campbell and Ors-v-AG [1995] JLR 136.

R-v-Rimmer [1999] 1 Cr. App. R. (S) 234.

Whelan on Aspects of Sentencing in the Superior Court of Jersey 3rd Edition (2011).

AG v Dos Santos and Henriques [2007] JRC 101.

AG v De La Haye [2009] JRC 061.

AG v Mugridge [2004] JRC 134.