Jersey Unreported Judgments

Superior Number Sentencing - drugs - importation - Class B.

[2016]JRC218C

Royal Court

(Samedi)

24 November 2016

The Attorney General

-v-

Andrew Douglas Capriglione

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 09^th September, 2016, following a guilty plea to the following charge:

Age:  36.

Plea: Guilty.

Details of Offence:

On 24^th June, 2016, Capriglione was stopped by Customs Officers at Elizabeth Terminal following his arrival on the ferry from Poole.  He was driving a Silver Vauxhall Vectra and had a passenger, Mr Easterbrook.  He told the customs officers that he and Mr Easterbrook were in Jersey for a short fishing trip, that they would be staying at the Ommaroo Hotel and that they had never been to Jersey before and did not know anyone on Island. 

The car (which Capriglione confirmed was his) was searched and several sealed transparent plastic bags were found in the fuel tank.  Capriglione and Mr Easterbrook were arrested. 

A total of 41 clear plastic heat sealed bags containing black tape wrapped packages were removed from the fuel tank.  They contained a total 300 bars of cannabis resin, weighing 29,544.48 grams. 

In interview, Capriglione denied any knowledge of the presence of the cannabis in his vehicle and could offer no credible explanation as to why or how it got there. 

Mr Easterbrook was also interviewed.  He too denied all knowledge of the drugs.  He was charged with being knowingly concerned in the fraudulent evasion of the prohibition on the importation of cannabis resin, but a not-guilty plea was accepted on Indictment. 

Capriglione entered a guilty plea on the basis that he was a mere courier, having been approached by a third party who knew of his poor financial position and asked to bring drugs to Jersey.  He was told that it involved a small amount of cannabis, and that importation was not a serious crime in Jersey.  He initially declined, but was persuaded.  He left the car in a car park and others concealed the drugs.  He was to receive £2,000 as payment for the importation and his expenses but had received nothing prior to his being arrested. 

Details of Mitigation:

Crown: plea, previous good character, father of five, wife unwell. 

Defence: Personal mitigation.  Letter of remorse and letters from family members handed up. 

Previous Convictions:

None.

Conclusions:

Forfeiture and destruction of the drugs sought.

Sentence and Observations of Court:

Forfeiture and destruction of the drugs ordered. 

C. R. Baglin, Esq., Crown Advocate.

Advocate P. S. Landick for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        You are to be sentenced today for one count of being knowingly involved in the evasion of the prohibition on importation of a controlled drug, some 29.544 kilos of cannabis resin.  It was hidden in your vehicle which you brought into Jersey on the pretext of a fishing trip and you implicated a friend in this exercise.  We accept that you were acting as a courier and you did this for financial reward, relatively modest in the light of the value of the drugs overall, of some £2,000, But you must have known that there was a significant quantity of drugs involved as it was imported in a vehicle and you received a reward in that sum.  You initially denied any knowledge of the cannabis resin when asked about it. 

2.        We note the mitigation available to you.  We note your guilty plea which is of value in a case such as this and we note, importantly, that you have no previous convictions.  We have had very careful regard indeed to the letters from both you and your family members and others and the contents of the social enquiry report.  We accept your remorse as genuine.  It is clear that you are otherwise a hard-working and loving father and husband, and that this offending has had a devastating effect on your family for which you must carry the blame. 

3.        This notwithstanding, the quantity involved makes a significant custodial sentence inevitable.  However, in the light of your involvement in this case and the substantial mitigation that we believe is available to you from the paperwork, we are able to reduce the Crown's conclusions to a degree. 

4.        From a starting point of 9 years, we take into account the exceptional mitigation available to you and, as an act of mercy, we impose a sentence of 4 years' imprisonment. 

5.        We order the forfeiture and destruction of the drugs. 

Authorities

Campbell-v-AG [1995] JLR 136.

Hamilton and Owens-v-AG [2010] JLR 313

AG-v-Clark [2016] JRC 094B

AG-v-McCormack [2016] JRC 083.

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

AG-v-Logan [2015] JRC 113.