Jersey Unreported Judgments

Superior Number Sentencing - drugs - importation - Class A and Class B

[2018]JRC117

Royal Court

(Samedi)

2 July 2018

The Attorney General

-v-

William Francis Ennis

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 27^th April, 2009, following guilty pleas to the following charges:

Age:  50.  

Plea: Guilty. 

Details of Offence:

The defendant arrived at Jersey Airport on an EasyJet flight from Liverpool.  Upon his arrival, he was stopped and spoken to by Customs Officers and escorted into the Customs search area and asked whether he had any controlled drugs in his possession.  He stated he did not. The defendant and his possessions were examined.  Swabs taken from his bag, heart rate monitor strap, kindle tablet and shoes all gave positive indications for the presence of cocaine.  The defendant could not explain the readings.  The defendant agreed to provide a urine sample which tested positive for morphine and cannabis but was inconclusive for the presence of cocaine.

The defendant was arrested on suspicion of being knowingly concerned in the importation of a controlled drug.  He was transported to Jersey General Hospital for an X-ray.  Prior to the X-ray, the defendant admitted that he had packages of cocaine inside him.  He subsequently produced 10 condom wrapped packages, 9 of which had a total of 133.29g of cocaine with a purity of 64%, and one of which contained cannabis weighing 5.12g.

A total of £183.31 in cash was seized from the defendant.

Details of Mitigation:

Guilty plea.

Previous Convictions:

7 convictions comprising 11 offences, including two convictions for possession of class A drugs

Conclusions:

Total:  6½ years imprisonment. 

Confiscation order sought in the sum of £183.31. 

Forfeiture and destruction of the drugs sought. 

Sentence and Observations of Court:

Total:  6 years and 3 months' imprisonment. 

Confiscation order made in the sum of £183.31. 

Forfeiture and destruction of the drugs ordered. 

M. R. Maletroit, Esq., Crown Advocate.

Advocate A. M. Harrison for the Defendant.

JUDGMENT

THE COMMISSIONER:

1.        On the 20^th February, 2018, the defendant, who is 50 years, arrived at Jersey Airport and following swabs taken which gave a positive indication for the presence of cocaine, he was arrested and taken to the General Hospital to be x-rayed.  There he admitted that he had packages of cocaine inside him.  He subsequently excreted ten condom wrapped packages, nine containing cocaine weighing in total of 133.29g with a street value of approximately £21,000, and one containing small quantity of cannabis deemed to be for his personal use. 

2.        The guideline case of Rimmer v AG [2001] JLR 373 indicates a starting point range of between 10 to 13 years, for quantities of a Class A drug between 100 and 250 grams to be determined by the weight of the drugs and the role of the defendant in drug trafficking. 

3.        The defendant has a poor record and is assessed at a high risk of re-offending, due to his long entrenched history of drug and alcohol problems and general lack of stability.  The Social Enquiry Report states that he has little in terms of family support, or friends who have a pro social lifestyle.  The defendant had never visited Jersey before and was acting as a courier; as the prosecution say a vital role in the supply of drugs into this Island.  The prosecution say that there is nothing in the case to warrant deviating from the court's policy of which the defendant was well aware and move for a starting point of 10 years, which is agreed as being correct by the defence, reduced to 6½ years by way of mitigation.

4.        In terms of mitigation, we have listened to everything Advocate Harrison has said on behalf of the defendant.  He has pleaded guilty; he has written us a letter of remorse which we have considered and he has no previous convictions for drug dealing.

5.        We are reminded however, of the policy of the Jersey Courts which is to impose strong punishments to mark the particularly anti-social nature of drug trafficking into and in Jersey.  We therefore agree with the conclusions of the Crown, but in an act of mercy we are going to make a small reduction in the sentence moved forward by the Crown.

6.        On Count 1 you are sentenced to 6 years and 3 months' imprisonment; on Count 2; 2 months' imprisonment concurrent, that makes a total of 6 years and 3 months' imprisonment. 

7.        We order the forfeiture and destruction of the drugs in this case.

Authorities

Rimmer v AG [2001] JLR 373.