Jersey Unreported Judgments

Superior Number Sentencing - drugs - importation- -Class A.

[2017]JRC130

Royal Court

(Samedi)

14 August 2017

The Attorney General

-v-

Gerard Anthony Meadows

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 23^rd June, 2017, following a guilty plea to the following charge:

Age:  42.

Plea: Guilty.

Details of Offence:

At approximately 2:15pm on Thursday 20^th April, 2017, the defendant was stopped at the States of Jersey Airport, St Peter, having arrived on an EasyJet flight from Liverpool.  The defendant told the officer he was travelling alone and was returning from a two and half week trip to Liverpool visiting his family and girlfriend.  He was living in Jersey at the time and had done so for many years.  The defendant stated that he had been due to return to Jersey the previous Friday but had changed his ticket in order to stay in Liverpool and attend a concert.  He also said that he was employed locally as an HGV lorry driver, working for Brocken and Fitzpatrick. 

The officer escorted the defendant to the Customs search area.  Prohibitions and restrictions were explained to him, including those in relation to controlled drugs, and the defendant said he had nothing to declare. 

The defendant consented to a body search, which revealed nothing of a prohibited or restricted nature.  He was informed that officers suspected he may be carrying an internal concealment of controlled drugs and was arrested and cautioned.  Following an x-ray at the General Hospital, the defendant admitted that he had four packages concealed internally which contained cocaine.  The defendant later produced two orange and two red coloured balloon wrapped packages.  A field test of one of the packages gave a positive reaction for cocaine.  The contents of the packages were analysed by the States Analyst and found to contain 53.96 grams of cocaine.  The street value of the seized cocaine was between £4,500 and £8,400. 

In interview the defendant stated that he had debts of approximately £10,000 and had decided to import drugs into Jersey in order to pay back his debts. 

Details of Mitigation:

Guilty plea, previous good working record, fully cooperative with authorities, remorse. 

Previous Convictions:

Ten convictions for 17 offences, including possession of cocaine in 2001 and 2005 (both dealt with at Magistrate's Court). 

Conclusions:

Forfeiture and destruction of the drugs sought.

Sentence and Observations of Court:

Forfeiture and destruction of the drugs ordered.

R. C. P. Pedley, Esq., Crown Advocate.

Advocate J. W. R. Bell for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        You are to be sentenced for importation of, on the 20^th of April of this year, 53.96 grams of cocaine.  The cocaine, which was concealed internally, would have a street value in Jersey of between £4,500 and £8,400.  You appear to have done this simply for financial gain in order to repay some of your debts and you obtained the cocaine on credit from a contact in Liverpool for £2,000 to be repaid later. 

2.        Although you do not have a clean record and you have on your record offences such as possession of cocaine, we note and take into account that there has been a significant gap between the last time you offended and the current matter.  You were highly cooperative with the prosecution authorities and you have the benefit of a guilty plea, although in the circumstances of internal concealment, it was almost inevitable. 

3.        You are not, in our view, a mere courier.  You were, as the Crown says, intending to supply in Jersey for profit.  However we think that there is a very high level of personal mitigation available to you.  We have read with care your letter of remorse which the Court accepts is genuine, that you mean what you say, and we have read with care the letters supplied on your behalf which speak very well of you indeed.  We note as well your personal circumstances both as told to us by counsel and as contained in the various reports and other documents that we have seen.  We have considered carefully all of those matters. 

4.        We think the Crown is correct in its starting point of 9 years and that is the starting point we take but we think we are in a position to allow a small additional amount by way of mitigation than the Crown recommends and you are sentenced to 4½ years' imprisonment. 

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

Authorities

Customs and Excise (Jersey) Law 1999.

Rimmer, Lusk and Bade-v-AG [2001] JLR 373.

Gregory-v-AG [1997] JLR 1.