Jersey Unreported Judgments

Superior Number Sentencing - drugs - importation - Class B.

[2016]JRC166D

Royal Court

(Samedi)

21 September 2016

The Attorney General

-v-

Simon Antony Tomsett

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 10^th June, 2016, following a guilty plea to the following charge:

Age:  46.

Plea: Guilty.

Details of Offence:

The defendant arrived in Jersey by ferry from Portsmouth.  His vehicle was searched and 24 packages containing a total of 28.8 kilograms of cannabis were found concealed in the nearside door void and rear offside door panel.  In total there were 576 cannabis bars, weighing 50 grams each, with a total street value of between £432,000 and £576,000.  The defendant acted a courier motivated by financial reward. 

Details of Mitigation:

Co-operative, good character and genuinely remorseful. 

Previous Convictions:

Simple possession of class A and B drugs. A burglary and theft charge for which he was fined. 

Conclusions:

Forfeiture and destruction of the drugs sought.

Confiscation Order sought in the sum of £135.71.

Sentence and Observations of Court:

For the purposes of sentencing the Court treated the Defendant as being of good character. 

Forfeiture and destruction of the drugs ordered.

Confiscation Order made in the sum of £135.71.

C. M. M. Yates, Esq., Crown Advocate.

Advocate P. S. Landick for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        We are sentencing you for one count of being knowingly concerned in the fraudulent evasion of the prohibition on the importation of a controlled drug.  The drug was cannabis resin, the quantity was 28.8 kilograms with a wholesale price of between £115,000 and £172,000 and a retail value of between £432,000 and £576,000.  It was therefore on any analysis a substantial quantity.  It was secreted in a car that you brought to Jersey on 1^st April this year. 

2.        The Crown accepts, as do we, that you were acting as a courier for financial reward.  But as we have said in a case earlier today, were it not for couriers, drugs would not come into Jersey and the role of the courier is a significant one in the trade in unlawful drugs. 

3.        We note the mitigation that is available to you.  We take into account and give full weight to your guilty plea.  You were cooperative and, whilst you do not have an entirely clear record, we take nothing of relevance from it and effectively treat you as of good character.  We have read with care the letters that have been provided through your counsel and we accept your remorse as genuine and we understand the reasons which have driven you to the place where you are today. 

4.        We deal first with confiscation and it is not opposed by you through counsel so we declare that you have benefitted from criminal conduct to the extent of £575.69 and make a Confiscation Order in the sum of £135.71. 

5.        Turning to sentence we take into account what has been advanced on your behalf by counsel with regard to the question of the starting point.  We do not agree that the starting point should come down so much as he has urged upon us but we think that an appropriate starting point for this is a period of 9 years. 

6.        Taking all of the mitigation into account it is the unanimous view of the Court you should be sentenced to 5 years' imprisonment.

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

Authorities

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

AG-v-Clark [2016] JRC 094B.

AG-v-Brown [2008] JRC 208.

AG-v-Logan [2015] JRC 113.

AG-v-Dos Santos [2015] JRC 229.