Jersey Unreported Judgments

Superior Number Sentencing - drugs - importation - Class A

[2019]JRC021

Royal Court

(Samedi)

11 February 2019

The Attorney General

-v-

Joe Thomas Watts

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 11th January, 2019, following a guilty plea to the following charge:

Age:  28. 

Plea: Guilty.

Details of Offence:

The defendant travelled to the Island as a foot passenger on the Condor Clipper traditional ferry out of Portsmouth.  Customs Officers spoke with him on his arrival.  He claimed he had come to the Island for two weeks to look for work.  He said he had no accommodation booked and that he did not know anyone in the Island.  Ionscan swabs of his suitcase and cigarette lighter gave positive indications to the presence of cocaine; he said he had used cocaine and cannabis the previous weekend but denied having anything of a prohibited nature with him.  He had 48 pence in his pockets and a debit card in his mother's name.  Asked if he had ever been in trouble with Police or Customs he replied that he had received a five year sentence for conspiracy to possess (in fact, supply) a Class A drug in 2012.  The defendant was arrested on suspicion of importation of a controlled drug and detained.  During a welfare check some hours later the defendant became teary and conceded that he had two packages concealed internally, which he believed contained 'about an ounce' of cocaine.  He later passed two condom-wrapped Kinder Egg containers.  Analysis showed the contents to be 26·47 grams of powder being 54% by weight cocaine, street value £2,200 to £2,800.

Details of Mitigation:

Early guilty plea.  The defendant claimed to have run up a debt of £1,470 by his own use of cocaine, which debt he could not clear after losing his job.  He claimed he undertook the importation to clear the debt.  

Previous Convictions:

One previous conviction - 2012, Coventry Crown, Conspire/Supplying cocaine - 5 years' imprisonment. 

Conclusions:

Forfeiture and destruction of the drugs order sought 

Sentence and Observations of Court:

Forfeiture and destruction of drugs ordered.  

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

Advocate M. J. Haines for the Defendant.

JUDGMENT

THE bAILIFF:

1.        Mr Watts, you are here to be sentenced on an Indictment containing one charge only namely, being knowingly concerned in the evasion on the prohibition of importing controlled drugs into the Island namely, cocaine.  The amount involved had a weight of 26.47 grams and a street value in Jersey of approximately £2,200 to £2,800. 

2.        Cocaine is a Class A drug and the sentencing policy of this Court is well established as will have been explained to you by your counsel.  We have taken a starting point of 8 years' imprisonment in accordance with the authorities and that indeed has not been challenged, and we have listened carefully to the mitigation which your counsel has put forward on your behalf.  We are going to reduce the sentence to 5 years' imprisonment, as has been requested. 

3.        We noted, with sadness that you apparently took up cocaine when you were in custody in the United Kingdom.  If you think a little, you will realise that ten years at the age of 28, ten years' imprisonment you have not served it all, but 10 years' imprisonment since you attained majority is a considerable concession to make to drug trafficking and drug taking and the court expresses the hope that in serving your sentence over here that you will beat the habit and be able to get yourself organised because by the time you are released you will still have the whole of your life ahead of you and we earnestly suggest that you should try and do that. 

4.        We sentence you to 5 years' imprisonment and the drugs are to be forfeited and destroyed. 

Authorities

Rimmer and Ors v Attorney General [2001] JLR 373.