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Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> AG v Cank [2019] JRC 238 (10 December 2019)
URL: http://www.bailii.org/je/cases/UR/2019/2019_238.html
Cite as: [2019] JRC 238
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Superior Number Sentencing - drugs - importation - Class B
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Before : |
Sir William Bailhache, Commissioner, and Jurats Blampied, Ramsden, Thomas, Averty and Grime |
The Attorney General
-v-
Barrie Cank
Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 25th October, 2019, following a guilty plea to the following charge:
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1 count of: |
Being knowingly concerned in the fraudulent evasion of the prohibition on the importation of a controlled drug, contrary to Article 61(2)(b) of the Customs and Excise (Jersey) Law, 1999 (Count 1). |
Age: 46.
Plea: Guilty.
Details of Offence:
On 22nd August, 2019, the defendant, driving a hire car, travelled to Jersey on the Condor Liberation out of Poole, UK. Upon arrival the defendant was directed to pull into a Customs search bay. He said he was visiting the Island for two nights to go fishing and sightseeing.
The hire car was searched, and Customs Officers found three tape-wrapped packages contained within a fishing bag in the boot of the hire car. The defendant was arrested and cautioned on suspicion of importation of a controlled drug. The defendant then commented that there were more packages concealed in the hire car and indicated to the bonnet area. A further four packages were retrieved from an area under the bonnet. The defendant was then interviewed and provided no comment answers.
Among other fingerprints found on the packages, there was a positive match for the defendant's fingerprints on at least two of the packages.
The total weight was 14,831 grams (treated as 15 kilos for valuation purposes). The value of the drugs could be as much as £300,000.
Details of Mitigation:
Guilty plea, good working record, support from his partner, importation was relatively unsophisticated, remorse, courier only, cooperative with Customs and Immigration Officers and indicated where other packages were concealed in the hire car.
Previous Convictions:
The defendant has convictions in the UK for possession, possession with intent to supply and supply of Class B drugs in 1994 and 1996 (cannabis) and possession of a Class A drug, cocaine, in 2015.
Conclusions:
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Count 1: |
Starting point 6 years' imprisonment. 3 years' imprisonment. |
Declaration of benefit sought in the sum of £1, 530.
Confiscation Order sought in the sum of £410 sought.
Forfeiture and destruction of the drugs sought.
Sentence and Observations of Court:
Conclusions granted.
R. C. P. Pedley Esq., Crown Advocate.
Advocate D. R. Wilson for the Defendant.
JUDGMENT
THE Commissioner:
1. You are here to be sentenced on a single count of being knowingly concerned in the importation of a 14.8kg of cannabis resin having pleaded guilty on Indictment. The drugs were brought over in a car which you had hired a few days earlier and which you brought over on the ferry from Poole. There were four packages in that car containing cannabis. Two of those packages had your finger prints on them. You have previous convictions for the possession of cannabis in 1994 and of cocaine in 2015, and a conviction of possession with intent to supply cannabis in 1996.
2. The Crown has moved for a starting point of 6 years' imprisonment on the application of the structure which is set out in Campbell v AG [1995] JLR 136, and moves for a sentence of 3 years' imprisonment on that count in the Indictment, having regard to all the mitigation.
3. On your behalf Advocate Wilson has not challenged the conclusions, they are accepted. He has reminded us of the mitigation. You have expressed remorse and regrets to all concerned. The other points which he has mentioned, your guilty plea which is the most significant part of the mitigation, your cooperation with Customs in pointing to the other parcels in the car, the cannabis under the bonnet, and bereavement difficulties and other tragedies which there have been in your personal life, and he has reminded us of the stable family life that you have at the moment.
4. We think that a case could have been made out for a starting point of 7 years' having regard to the quantity of cannabis involved, but we have decided in light of the unsophisticated nature of the importation and the cooperation which you have given that your involvement in drug trafficking can allow us to find an appropriate starting point of 6 years' as the Crown have said. So we take that as the starting point. Having regard to all the mitigation before us and what is set out in the papers for the Court we consider the Crown's conclusions are justified.
5. On Count 1 on the Indictment you are sentenced to 3 years' imprisonment.
6. We also order the forfeiture and destruction of the drugs seized. There will be no order for costs.
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