British and Irish Legal Information Institute

Freely Available British and Irish Public Legal Information

[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Jersey Unreported Judgments

You are here: BAILII >> Databases >> Jersey Unreported Judgments >> AG v Thurban Sait Brown Riley Roy Wolff Hughes [2020] JRC 191A (23 September 2020)
URL: http://www.bailii.org/je/cases/UR/2020/2020_191A.html
Cite as: [2020] JRC 191A

[New search] [Help]

Superior Number Sentencing - Drugs - importation - supply - Class A and Class B - proceeds of crime

Before :

J. A. Clyde-Smith O.B.E., Commissioner, and Jurats Thomas, Christensen and Dulake.

The Attorney General

-v-

Nicholas Maxwell Thurban

Colin Russel Sait

Paul Dennis Brown

Daniel Niall Riley

John Alexander Roy

Deborah Karen Wolff

Jon Adam Hughes

Sentencing by the Superior Number of the Royal Court, to which the accused were remanded by the Inferior Number on 26^th June, 2020 and 9^th July, 2020 for defendant Wolff, following guilty pleas to the following charges:

Nicholas Maxwell Thurban

4 counts of:	Conspiracy to supply a controlled drug contrary to Article 5(b) of the Misuse of Drugs (Jersey) Law 1978 (Counts 1 - 4).
1 count of:	Possession of a controlled drug contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978. (Count 5).

Age: 62.

Plea: Guilty.

Details of Offence:

The defendants each played a role in a criminal enterprise which was concerned with the importation of commercial quantities of Class A and Class B controlled drugs into Jersey, supply to the local drugs market, and the laundering of proceeds of crime.

The prosecution case stemmed from a joint investigation conducted by the States of Jersey Police and the Jersey Customs and Immigration Service. The surveillance operation targeted numerous persons of interest and lasted several months. The operation culminated in the seizure of MDMA, cocaine and cannabis resin after they were imported by boat at Bel Val Bay (near St.Catherines) on 21^st June, 2019.

The approximately 5,000 MDMA tablets seized had an approximate wholesale value in Jersey of £20,000-£30,000, and street value of £76,000-£127,000.

The approximately 2 kilograms of MDMA powder seized (equating to approximately 70 ounces) had an approximate wholesale value in Jersey of £84,000-£112,000, and street value of £158,000-£198,000. The MDMA had a purity of 80%.

The approximately 1 kilogram of cocaine seized (equating to approximately 35 ounces) had an approximate wholesale value in Jersey of £56,000-£70,000. The cocaine was of a high purity (71%) and it could have been adulterated to produce 4-5 kilograms (equating to between 140-175 ounces), in which case it would have an approximate wholesale value of £168,000-£280,000. If sold as high purity cocaine at street level, the approximate street value would be £116,000-£145,000. If adulterated to typical quality cocaine, the street value would increase to £320,000-£500,000.

The 49 100g bars of cannabis resin (with an actual weight of 4,680 grams) would have a wholesale value in Jersey of approximately £39,000-£58,000, and a street value of approximately £70,000-£94,000.

THURBAN joined the conspiracy well in advance of the importation of drugs. The Crown pointed, in particular, to the significant volume of contact between THURBAN and HUGHES in the period between 20^th March, 2019, and 21^st June, 2019, which included telephone contact and meetings. THURBAN played a key role in transporting the drugs to the Island by sailing the yacht to Jersey from the UK.

The Crown contended that the MDMA pills found in his personal possession (from the same batch as the main consignment) indicated a higher level of knowledge and involvement.

Details of Mitigation:

Guilty pleas.

Previous Convictions:

2015 drug trafficking conviction concerning importation of 32 kilograms of cannabis resin (sentenced before French Court), motoring and historic drug possession convictions.

Conclusions:

Count 1:	Starting point 14 years' imprisonment. 10 years and 3 months' imprisonment.
Count 2:	Starting point 19 years' imprisonment. 14 years' imprisonment, concurrent.
Count 3:	Starting point 16 years' imprisonment. 11 years and 9 months' imprisonment, concurrent.
Count 4:	Starting point 5 years' imprisonment. 3 years and 6 months' imprisonment, concurrent.
Count 5:	6 months' imprisonment, concurrent.

Total: 14 years' imprisonment.

Confiscation orders adjourned to be considered at a later date.

Forfeiture and destruction of the drugs sought.

Sentence and Observations of Court:

Count 1:	Starting point 14 years' imprisonment. 10 years and 3 months' imprisonment.
Count 2:	Starting point 19 years' imprisonment. 13 years and 6 months' imprisonment, concurrent.
Count 3:	Starting point 16 years' imprisonment. 11 years and 9 months' imprisonment, concurrent.
Count 4:	Starting point 5 years' imprisonment. 3 years and 6 months' imprisonment, concurrent.
Count 5:	6 months' imprisonment, concurrent.

Total: 13 years and 6 months' imprisonment.

Confiscation orders adjourned to be considered at a later date.

Forfeiture and destruction of the drugs ordered.

Colin Russel Sait

4 counts of:

Conspiracy to supply a controlled drug contrary to Article 5(b) of the Misuse of Drugs (Jersey) Law 1978 (Counts 1 - 4).

Age: 45.

Plea: Guilty.

Details of Offence:

See THURBAN above.

SAIT also played a key role in transporting the drugs to the Island as he was on board the yacht as it was sailed from the UK to Jersey. He brought the drugs ashore at Bel Val Bay and handed them to BROWN who was waiting on the beach. In exchange for the drugs, SAIT was given a bag containing cash, which he took back to the yacht before it was intercepted by customs officers.

Details of Mitigation:

Guilty pleas. This was his first drug-related conviction. Signed a bank disclosure authority.

Previous Convictions:

No drug related convictions, historic motoring convictions.

Conclusions:

Count 1:	Starting point 13 years' imprisonment. 8 years and 6 months' imprisonment.
Count 2:	Starting point 18 years and 6 months' imprisonment. 12 years and 3 months' imprisonment, concurrent.
Count 3:	Starting point 15 years and 6 months' imprisonment. 10 years and 3 months' imprisonment, concurrent.
Count 4:	Starting point 4 years' imprisonment. 2 years and 6 months' imprisonment, concurrent.

Total: 12 years and 3 months' imprisonment.

Declaration of benefit sought in the sum of £1,800 and a Confiscation Order in the nominal sum of £1.

Forfeiture and destruction of the drugs sought.

Sentence and Observations of Court:

Count 1:	Starting point 13 years' imprisonment. 8 years and 6 months' imprisonment.
Count 2:	Starting point 18 years and 6 months' imprisonment. 12 years' imprisonment, concurrent.
Count 3:	Starting point 15 years and 6 months' imprisonment. 10 years and 3 months' imprisonment, concurrent.
Count 4:	Starting point 4 years' imprisonment. 2 years and 6 months' imprisonment, concurrent.

Total: 12 years' imprisonment.

Declaration of benefit made in the sum of £1,800 and a Confiscation Order in the nominal sum of £1.

Forfeiture and destruction of the drugs ordered.

Paul Dennis Brown

4 counts of:

Conspiracy to supply a controlled drug contrary to Article 5(b) of the Misuse of Drugs (Jersey) Law 1978 (Counts 1 - 4).

Age: 59.

Plea: Guilty.

Details of Offence:

See THURBAN above.

BROWN was the shore party. In the days prior to the importation he was handed a mobile phone by another member of the enterprise, he travelled to the Island, he familiarised himself with the location for the importation, he met with HUGHES at a restaurant, and he purchased a number of items in preparation for the operation. He was handed a large sum of cash, which he handed to SAIT on the beach when the drugs were landed.

Details of Mitigation:

Guilty pleas. This was his first drug-related conviction.

Previous Convictions:

No drug related convictions, historic convictions for criminal damage and theft and a motoring conviction.

Conclusions:

Count 1:	Starting point 13 years' imprisonment. 8 years and 6 months' imprisonment.
Count 2:	Starting point 18 years and 6 months' imprisonment. 12 years and 3 months' imprisonment, concurrent.
Count 3:	Starting point 15 years and 6 months' imprisonment. 10 years and 3 months' imprisonment, concurrent.
Count 4:	Starting point 4 years' imprisonment. 2 years and 6 months' imprisonment, concurrent.

Total: 12 years and 3 months' imprisonment.

Declaration of benefit sought in the sum of £6,855.60 and a Confiscation Order in the sum of £865.

Forfeiture and destruction of the drugs sought.

Sentence and Observations of Court:

Count 1:	Starting point 13 years' imprisonment. 8 years and 6 months' imprisonment.
Count 2:	Starting point 18 years and 6 months' imprisonment. 12 years' imprisonment, concurrent.
Count 3:	Starting point 15 years and 6 months' imprisonment. 10 years and 3 months' imprisonment, concurrent.
Count 4:	Starting point 4 years' imprisonment. 2 years and 6 months' imprisonment, concurrent.

Total: 12 years' imprisonment.

Confiscation orders adjourned to be considered at a later date.

Forfeiture and destruction of the drugs ordered.

Daniel Niall Riley

2 counts of:	Conspiracy to supply a controlled drug contrary to Article 5(b) of the Misuse of Drugs (Jersey) Law 1978 (Count 1 and Count 4).
1 count of:	Possession of a controlled drug contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978 (Count 6).
1 count of:	Failing to comply with a notice requiring disclosure of a key, contrary to Article 42F(1) of the Regulation of Investigatory Powers (Jersey) Law 2005.(Count 7)
1 count of:	Entering into or becoming concerned in an arrangement that facilitates, by any means, the acquisition, use, possession or control of criminal property by or on behalf of another person, contrary to Article 30(3) of the Proceeds of Crime (Jersey) Law 1999 (Count 13).

Age: 26.

Plea: Guilty.

Details of Offence:

See THURBAN above.

RILEY joined the conspiracy well in advance of the importation. The Crown pointed to the telephone contact and meetings he had with HUGHES. RILEY handed a rucksack containing an unknown sum of criminal property to HUGHES, and met with him on several occasions when they discussed the supply of drugs. He agreed to take possession of 5,000 MDMA tablets and 5 kilograms of cannabis resin and made arrangements for the onward distribution of these drugs. Covertly recorded conversations evidenced his extensive involvement in drug dealing.

Details of Mitigation:

Guilty pleas (albeit his guilty plea to the money laundering offence was entered late in the proceedings), cooperated to the extent in interview and signed a bank disclosure authority.

Previous Convictions:

8 drug trafficking related convictions and a number of violence, dishonesty and public order offences.

Conclusions:

Count 1:	Starting point 15 years' imprisonment. 10 years' imprisonment.
Count 4:	Starting point 4 years' imprisonment. 2 years' and 6 months' imprisonment, concurrent.
Count 6:	3 months' imprisonment, concurrent.
Count 7:	18 months' imprisonment, consecutive.
Count 11:	15 months' imprisonment, concurrent.

Total: 11 years and 6 months' imprisonment.

Confiscation orders adjourned to be considered at a later date.

Forfeiture and destruction of the drugs sought.

Forfeiture and destruction of Riley's mobile phone sought.

Sentence and Observations of Court:

Count 1:	Starting point 15 years' imprisonment. 7 years and 8 months' imprisonment.
Count 4:	Starting point 4 years' imprisonment. 2 years' and 6 months' imprisonment, concurrent.
Count 6:	3 months' imprisonment, concurrent.
Count 7:	6 months' imprisonment, consecutive.
Count 11:	15 months' imprisonment, concurrent.

Total: 8 years and 2 months' imprisonment.

Confiscation orders adjourned to be considered at a later date.

Forfeiture and destruction of the drugs ordered.

Forfeiture and destruction of Riley's mobile phone ordered.

John Alexander Roy

4 counts of:	Conspiracy to supply a controlled drug contrary to Article 5(b) of the Misuse of Drugs (Jersey) Law 1978 (Counts 1 - 4).
1 count of:	Removing criminal property from Jersey, contrary to Article 31(1)(d) of the Proceeds of Crime (Jersey) Law 1999 (Count 17).

Age: 48.

Plea: Guilty.

Details of Offence:

See THURBAN above.

ROY was involved in organising the importation. He arranged and paid for charter of the vessel to be used, knowing it was going to be used to move controlled drugs. ROY sailed the vessel from Hamble to Lymington Harbour where he handed it over to SAIT and THURBAN. He subsequently attended at Brixham Harbour to show his sailing certificate to enable the vessel to stay there overnight. Prior to the importation, ROY had also travelled to Jersey and collected £6,000 criminal property which he then removed from the jurisdiction

Details of Mitigation:

Guilty pleas, signed a bank disclosure authority.

Previous Convictions:

Australian drug trafficking conviction concerning importation of 8 tonnes of cannabis resin. Numerous outstanding matters in respect of which he failed to appear before the Australian Court.

Conclusions:

Count 1:	Starting point 14 years' imprisonment. 10 years' imprisonment.
Count 2:	Starting point 19 years' imprisonment. 13 years and 9 months' imprisonment, concurrent.
Count 3:	Starting point 16 years' imprisonment. 11 years and 3 months' imprisonment, concurrent.
Count 4:	Starting point 5 years' imprisonment. 3 years and 3 months' imprisonment, concurrent.
Count 17:	2 years and 6 months' imprisonment, concurrent.

Total: 13 years and 9 months' imprisonment.

Confiscation orders adjourned to be considered at a later date.

Forfeiture and destruction of the drugs sought.

Sentence and Observations of Court:

Count 1:	Starting point 14 years' imprisonment. 10 years' imprisonment.
Count 2:	Starting point 19 years' imprisonment. 12 years' imprisonment, concurrent.
Count 3:	Starting point 16 years' imprisonment. 11 years and 3 months' imprisonment, concurrent.
Count 4:	Starting point 5 years' imprisonment. 3 years and 3 months' imprisonment, concurrent.
Count 17:	2 years and 6 months' imprisonment, concurrent.

Total: 12 years' imprisonment.

Confiscation orders adjourned to be considered at a later date.

Forfeiture and destruction of the drugs ordered.

Deborah Karen Wolff

2 counts of:

Entering into or becoming concerned in an arrangement that facilitates, by any means, the acquisition, use, possession or control of criminal property by or on behalf of another person, contrary to Article 30(3) of the Proceeds of Crime (Jersey) Law 1999 (Count 8 and Count 9)

Age: 54.

Plea: Guilty.

Details of Offence:

See THURBAN above.

WOLFF removed criminal property from the Island on two separate occasions. The first trip involved her removing £8,000, and the second trip £7,500

Details of Mitigation:

Previous good character and guilty pleas, albeit entered late in the proceedings.

Previous Convictions:

None.

Conclusions:

Count 8:	3 years' imprisonment.
Count 9:	3 years' imprisonment, concurrent.

Total: 3 years' imprisonment.

Confiscation orders adjourned to be considered at a later date.

Forfeiture and destruction of the drugs sought.

Sentence and Observations of Court:

Count 8:	2 years' imprisonment.
Count 9:	2 years' imprisonment, concurrent.

These are the general sentences and observations.

Total: 2 years' imprisonment.

Confiscation orders adjourned to be considered at a later date.

Forfeiture and destruction of the drugs ordered.

Jon Adam Hughes

4 counts of:	Conspiracy to supply a controlled drug contrary to Article 5(b) of the Misuse of Drugs (Jersey) Law 1978 (Counts 1 - 4).
5 counts of:	Entering into or becoming concerned in an arrangement that facilitates, by any means, the acquisition, use, possession or control of criminal property by or on behalf of another person, contrary to Article 30(3) of the Proceeds of Crime (Jersey) Law 1999 (Counts 8, 9, 11, 12, 13)
2 counts of:	Removing criminal property from Jersey, contrary to Article 31(1)(d) of the Proceeds of Crime (Jersey) Law 1999 (Count 14 and Count 15).

Age: 41.

Plea: Guilty.

Details of Offence:

See THURBAN above.

HUGHES played a central role in the conspiracies. He was in contact with all the key players. His role included the collection and laundering of cash that was needed to fund the enterprise. He removed some of the cash himself, and recruited WOLFF to do the same. He was also involved in the handovers of unknown sums of cash to the Jeweller, which enabled criminal property to be removed from the jurisdiction by other means. He was involved in arranging the importation, including making arrangements for the charter of the vessel with ROY, sailing the vessel to Lymington Harbour where it was handed to THURBAN and SAIT, and travelling to Jersey to meet with BROWN. He was also involved in making arrangements for the onward distribution of the drugs following the importation.

Details of Mitigation:

Guilty pleas, albeit entered late in the proceedings.

Previous Convictions:

Two previous drug trafficking convictions, and historic convictions for motoring and dishonesty offences.

Conclusions:

Count 1:	Starting point 14 years' imprisonment. 11 years' imprisonment.
Count 2:	Starting point 20 years' imprisonment. 16 years' imprisonment, concurrent.
Count 3:	Starting point 17 years' imprisonment. 13 years and 6 months' imprisonment, concurrent.
Count 4:	Starting point 5 years' imprisonment. 4 years' imprisonment, concurrent.
Count 8:	4 years' imprisonment, concurrent.
Count 9:	4 years' imprisonment, concurrent.
Count 11:	4 years' imprisonment, concurrent.
Count 12:	4 years' imprisonment, concurrent.
Count 13:	4 years' imprisonment, concurrent.
Count 14:	4 years' imprisonment, concurrent.
Count 15:	4 years' imprisonment, concurrent.

Total: 16 years' imprisonment.

Confiscation orders adjourned to be considered at a later date.

Forfeiture and destruction of the drugs sought.

Sentence and Observations of Court:

Count 1:	Starting point 14 years' imprisonment. 11 years' imprisonment.
Count 2:	Starting point 20 years' imprisonment. 14 years and 3 months' imprisonment, concurrent.
Count 3:	Starting point 17 years' imprisonment. 13 years and 6 months' imprisonment, concurrent.
Count 4:	Starting point 5 years' imprisonment. 4 years' imprisonment, concurrent.
Count 8:	4 years' imprisonment, concurrent.
Count 9:	4 years' imprisonment, concurrent.
Count 11:	4 years' imprisonment, concurrent.
Count 12:	4 years' imprisonment, concurrent.
Count 13:	4 years' imprisonment, concurrent.
Count 14:	4 years' imprisonment, concurrent.
Count 15:	4 years' imprisonment, concurrent.

Total: 14 years and 3 months' imprisonment.

Confiscation orders adjourned to be considered at a later date.

Forfeiture and destruction of the drugs ordered.

M. R. Maletroit Esq., Crown Advocate.

Advocate M. L. Preston for Defendant Thurban

Advocate A. E. Binnie for Defendant Sait

Advocate C. B. Austin for Defendant Brown.

Advocate S. E. A. Dale for Defendant Riley

Advocate M. J. Haines for Defendant Roy.

Advocate F. J. Littler for Defendant Wolff.

Advocate H. Sharp for Defendant Hughes

JUDGMENT

THE COMMISSIONER:

1. Because of the number of defendants who stand to be sentenced this afternoon we will give our reasons for the sentences we are about to impose in a written judgment which will follow in due course, but suffice it to say that this case is concerned with an audacious attempt to import into Jersey by boat MDMA or ecstasy, cocaine and cannabis with a street value of up to £919,000; an attempt that was foiled by what the Crown have described as the most complex drug related investigation ever undertaken by the Jersey authorities involving mutual assistance with the authorities in the UK and numerous other jurisdictions and a surveillance operation that lasted several months.

2. Drug trafficking is an evil which has the capacity to wreak havoc in the lives of individual abusers and their families and sadly the lives that are often blighted are those of the young. As the Court of Appeal said as long ago as 1995 the policy of the courts of Jersey is that offenders who import drugs on a commercial basis with receive lengthy sentences of imprisonment to mark the socially destructive nature of the crime.

3. Mr Thurban, if you would like to stand up please. You are sentenced as follows on Counts 1 to 5 all to run concurrently: Count 1, 10 years and 3 months' imprisonment; Count 2, 13 years and 6 months' imprisonment; Count 3, 11 years and 9 months' imprisonment; Count 4, 3 years and 6 months' imprisonment; Count 5, 6 months' imprisonment making a total of 13 years and 6 months' imprisonment.

4. Mr Sait, if you would like to stand up please. You are sentenced on the counts that concern you all again to run concurrently. Count 1, 8 years and 6 months' imprisonment; Count 2, 12 years' imprisonment; Count 3, 10 years and 3 months' imprisonment; Count 4, 2 years and 6 months' imprisonment; making a total of 12 years' imprisonment.

5. Mr Brown, you are sentenced in relation to the counts that concern you, again to run concurrently. On Count 1, you are sentenced to 8 years and 6 months' imprisonment; Count 2, 12 years' imprisonment; Count 3, 10 years and 3 months' imprisonment; Count 4, 2 years and 6 months' imprisonment; making a total of 12 years' imprisonment.

6. Mr Riley, if you would like to stand up please. You are sentenced as follows: on Count 1, 7 years and 8 months' imprisonment; on Count 4, 2 years and 6 months' imprisonment, concurrent; Count 6, 3 months' imprisonment, concurrent; on Count 7, 6 months' imprisonment, consecutive; on Count 13, 15 months' imprisonment, concurrent, which makes a total of 8 years and 2 months' imprisonment.

7. Mr Roy, if you would like to stand up please. You are sentenced as follows in relation to the counts that concern you, again all of which are to run concurrently. On Count 1, 10 years' imprisonment; Count 2, 12 years' imprisonment; Count 3, 11 years and 3 months' imprisonment; Count 4, 3 years and 3 months' imprisonment; Count 17, 2 years and 6 months' imprisonment making a total of 12 years' imprisonment.

8. Ms Wolff, if you would like to stand up please. On Count 8 you are sentenced to 2 years' imprisonment, and on Count 9 to 2 years' imprisonment, concurrent, which makes a total of 2 years' imprisonment.

9. Mr Hughes, you are sentenced as follows, all to run concurrently: Count 1, 11 years' imprisonment; Count 2, 14 years and 3 months' imprisonment; Count 3, 13 years and 6 months' imprisonment; Count 4, 4 years' imprisonment; Count 8, 4 years' imprisonment; Count 9, 4 years' imprisonment; Count 11, 4 years' imprisonment; Count 12, 4 years' imprisonment; Count 13, 4 years' imprisonment; Count 13, 4 years' imprisonment; Count 14, 4 years' imprisonment and finally Count 15, 4 years' imprisonment which makes a total sentence of 14 years and 3 months' imprisonment.

10. We order the forfeiture and destruction of the controlled drugs seized in the case.

11. We also grant you Crown Advocate Maletroit, the forfeiture order in relation to the £20,610 that was seized.

12. We order the forfeiture and destruction of Mr Riley's mobile phone.

13. For reasons which I will give in a written judgment to follow we also lift the reporting restriction which was imposed in relation to Mr Roy on 23^rd January, that there should be no reporting online or otherwise of the pending Australian criminal proceedings or the Australian investigation.

14. Crown Advocate Maletroit, this has been a complex case and the Court would like to commend you on the quality and clarity of the Statement of Facts and the Conclusions that you have prepared for us. We are grateful to counsel also for their assistance in this case.

Authorities

AG v Smitton, Banarch and Reeves [2019] JRC 099

Rae v AG [2017] JCA 197

AG v Dixey and Pereira [2017] JRC 081

AG v Rae and Spinola [2017] JRC 080

AG v Barratt [2017] JRC 046

AG v Whelan, Grace and Robinson [2017] JRC 040B

AG v Brennan [2016] JRC 234

AG v Fish and Hinds [2016] JRC 181A

AG v Goodwin [2016] JRC 165

AG v Riley [2014] JRC 248

AG v U [2014] JRC 102B