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Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> AG -v- Rahman [2016] JRC 136A (12 August 2016)
URL: http://www.bailii.org/je/cases/UR/2016/2016_136A.html
Cite as: [2016] JRC 136A
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Inferior Number Sentencing - breach of Probation Order.
|
Before : |
T. J. Le Cocq, Esq., Deputy Bailiff, and Jurats Nicolle and Pitman |
The Attorney General
-v-
Abdul Mohammed Rahman (aka Abdul Mohammed Subhan) (aka Abdur Rahman)
Sentencing by the Inferior Number of the Royal Court, following a breach of a Probation Order imposed by the Royal Court on 26th May, 2006, on the following charges:
|
1 count of: |
Being knowingly concerned in the fraudulent evasion of the prohibition on the importation of a controlled drug, contrary to Article 61(2)(b) of the Customs and Excise (Jersey) 1999. |
Age: 30 at the time of offending.
Plea: Guilty
Conclusions:
|
Count 1: |
18 months' imprisonment. |
Sentence and Observations of Court:
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Count 1: |
12 months and 2 weeks' imprisonment. |
Previous Probation Order to be discharged.
C. M. M. Yates, Esq., Crown Advocate.
Advocate S. A. Pearmain for the Defendant.
JUDGMENT
THE DEPUTY BAILIFF:
1. On the 26th May, 2006, you were dealt with by this Court for a postal importation of a personal amount, 2.61 grams, of heroin. The conclusion of the Crown on that occasion was that you should receive a custodial sentence of 18 months' imprisonment. In its judgment at para 5 on that occasion the Court said :-
"The Court appreciates, and Rahman you must appreciate too, that you deserve to go to prison. You understand very well the consequences of continuing to be involved in heroin. The Crown Advocate's conclusions were entirely correct
The Court then said that on a balance and with a great deal of hesitation it would risk a probation order.
2. You failed to comply with that order almost immediately and, in effect, you absconded. Your history since, with two gaps that we have noted, has been characterised by offending including drugs offending. We have considered very carefully the mitigation advance on your behalf by your counsel but we do not think it is possible or appropriate for us to impose again a Probation Order in this case. We do, however, think that this is a case in which we can exercise our discretion and, reflecting the mitigation that is available to you, make allowance for the time that you spent on remand at the time of the original offending.
3. Accordingly we will deduct that from the sentence suggested by the Crown and you are sentenced to 12 months and 2 weeks' imprisonment.
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