Jersey Unreported Judgments

Superior Number Sentencing - drugs - possession with intent to supply - Class A.

[2018]JRC133

Royal Court

(Samedi)

23 July 2018

The Attorney General

-v-

Mark Thomas Morgan

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 25^th May, 2018, following a guilty plea to the following charge:

Age:  51.

Plea: Guilty.

Details of Offence:

The defendant returned to the Island after spending a week in the UK, he was observed driving off the car ferry and, some while later, arriving at his place of residence.  Four hours later a search warrant was executed at his flat; when asked if there were any drugs in the flat the defendant indicated a shelf in the shower area, where officers found small packages wrapped in knotted balloons.  During the arrest procedure £265 was seized.  Subsequent analysis of the packages showed them to contain a total of 27.12 grams of light brown powder containing 40% by weight of diamorphine with a street value assessed at £27,000.  When interviewed the defendant answered preliminary questions but maintained his right to silence during substantive questioning  

Details of Mitigation:

He had the benefit of a guilty plea, entered on indictment, no previous drug convictions and had remained out of trouble for nearly ten years.  The defendant told the author of his Social Enquiry Report that he had been doing a friend a favour, looking after the packages for an acquaintance for several weeks, for which he was not expecting any reward.  The Crown were sceptical of this as DNA consistent with his profile was found on the inside packaging of the drugs.  

Previous Convictions:

40 previous convictions, mainly motoring offences. 

Conclusions:

Declaration of benefit sought in the sum of £27,000. 

Confiscation Order sought in the sum of £265. 

Forfeiture and destruction of the drugs sought.  

Sentence and Observations of Court:

Benefit declared in the sum of £27,000.  

Confiscation Order made in the sum of £265.  

Forfeiture and destruction of the drugs ordered.  

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

Advocate H. F. Brown for the Defendant.

JUDGMENT

THE commissioner:

1.        Following the defendant's return to Jersey by car the police undertook a search of his flat where they found two knotted balloon packages which were later found to contain 27 grams of heroin with a wholesale value of £4,000 and a street value of approximately £27,000. 

2.        It is the belief of the prosecution that these packages had been brought into the Island by the defendant concealed internally, but it is clear from the report that the evidence in relation to his DNA being found on the packages is not conclusive.  Further work was required and was not undertaken by the prosecution. 

3.        The defendant has told the police that he was simply minding the packages for a work acquaintance for which he was not expecting any financial reward.  Either way as the prosecution say, he was entrusted with this heroin and was going to supply it to a person or persons he was unwilling to name. 

4.        The Rimmer guidelines (Rimmer and ors -v- Attorney General [2001] JLR 373) indicate a starting point range of 8-10 years for quantities of Class A drugs between 20 and 50 grams and the prosecution moved for a starting point of 9 years' imprisonment.  

5.        The defence say this is too high both in terms of the weight of the drugs and the defendant's involvement in the drug trade.  Advocate Brown has referred us to the two cases of AG -v- Figueira [2017] JRC 129 and AG -v- Higgins and Hutchinson [2015] JRC 066A where starting points of 9 years and 9½ years respectively, were imposed for greater quantities and where there was in both of those cases evidence of commercial involvement.  

6.        Advocate Brown rightly says, that the defendant has not been charged with importation and there is no other evidence apart from his possession with intent to supply of his involvement in the drugs trade at all.  We therefore agree that 9 years starting point is too high and that 8½ years starting point is the correct figure. 

7.        The defendant has an extensive record but mainly for dishonesty and none for drugs offences, and he has been assessed for reconviction at the higher end of the moderate bracket. 

8.        In terms of mitigation we have listened carefully to everything put forward very clearly by Advocate Brown.  He has pleaded guilty and he has been out of trouble since 2009.  As I have just stated that he has no previous convictions for drugs offences. 

9.        Supplying Class A drugs is a peculiarly heinous and anti-social activity which has the potential of a devastating impact on the community, and the defendant was part of that chain of supply.  We repeat the policy of the court that those who import or deal with Class A drugs on a commercial basis will receive condign punishment from the Court.  

10.      You are sentenced to imprisonment for 5 years and two months.  

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

Authorities

Rimmer and ors -v- Attorney General [2001] JLR 373.

AG -v- Figueira [2017] JRC 129.

AG -v - Higgins and Hutchinson [2015] JRC 066A