Jersey Unreported Judgments

Superior Number Sentencing - drugs - importation - Class A

[2022]JRC213

Royal Court

(Samedi)

11 October 2022

The Attorney General

-v-

Lawrence David Mitchell

Sentencing by the Superior Number of the Royal Court following a guilty plea to the following charge:

Age:  37. 

Plea: Guilty. 

Details of Offence:

On 21^st July 2022, Customs and Immigration Officers stopped the defendant after he arrived at Jersey Airport from Liverpool Airport.  On being questioned about his travel to Jersey, the defendant told the officers that he was alone and had nothing to declare.  His belongings were searched, and ion scans gave a positive result for cocaine.  The defendant admitted to using cocaine the weekend prior to travelling.

The defendant stated that he had booked his travel two days before and was staying for the one night but had not booked any accommodation.  He said he was travelling for a job interview and that he was a self-employed joiner, but he did not know any names or possess any contact details of the people he was meeting.  The defendant told the officer that this job interview was organised through a 'friend of a friend', he had met a contact he believed to be called "Andrew" or "Andy" on his last trip to Jersey a few weeks ago, and he was due to meet him again on this trip at a sports bar to establish what fees he would be paid.  He also stated that he had never been trouble with the Police or Customs before.

When challenged on his previous dealings with Police or Customs, the defendant stated he had a conviction for possession with intent to supply a Class A drug in February of this year and detailed how he had previously spent four years in prison after being involved in a vehicle chase with police.

Officers did not recover anything from a search of the person.  He was arrested and cautioned for being concerned in the importation of a controlled drug and taken to the Customs Custody Suite.  Later that same night, the defendant requested to use the drugs recovery toilet, he stated, "I want to be brutally honest with you lads.  I have 16 quarters of Charlie inside of me [...] I know I'm fucked, I just want it out."  He subsequently produced sixteen wrapped packages containing white powder.  This was submitted to the States Official Analyst who confirmed the powder was 112.25 grams of cocaine, with a purity of 81%.  Two of the defendant's fingerprints were also found on the inner plastic wrappings.

The defendant's mobile phone was seized, he provided the PIN and nothing of significance was found.  The defendant signed bank disclosure authorities and no suspicious transactions were identified.

In interview he stated that he had come to Jersey to attend a job interview and at the same time had internally imported a quantity of controlled drugs.  He stated he was due to receive £1,500 for undertaking the importation and expressed significant fear of reprisals should he speak further.  When asked to describe his current financial situation he said he was "on the bones of my arse"..

Details of Mitigation:

Early guilty plea and he provided the PIN to his mobile telephone and signed a bank disclosure authority thereby assisting with those investigate avenues.   

Previous Convictions:

UK convictions for 38 offences.  10 drugs offences including a conviction in July 2012 for being concerned in the supply of cocaine.  At the time of his arrest in Jersey, the defendant had two outstanding arrests for active drug supply investigations: one in England (Cumbria) and the other in Scotland.  It was confirmed shortly prior to sentencing that no further action has been sought from the English authorities in respect of that investigation. 

Conclusions:

Forfeiture and destruction of the drugs sought. 

Sentence and Observations of Court:

Forfeiture and destruction of the drugs ordered.

S. Crowder Esq., Crown Advocate

Advocate A. E. Binnie for the Defendant.

JUDGMENT

THE BAILIFF:

1.        You are to be sentenced with regards to one count of importation of 112.25 grams of high purity cocaine into the island on the 21^st July. 

2.        You were stopped by Customs and Immigration Officers after your arrival from Liverpool Airport and were searched, as a result of which positive ion scans for cocaine were obtained from your belongings.  You told officers that you were staying for the night and were travelling for a job interview but you did not know any names or possess contact details for the people that you were meeting.  You could provide no support for that story. 

3.        Following being detained you asked, after some hours, to use the drugs recovery toilet making frank admissions as to the fact that you were carrying cocaine internally.  You produced 16 condom wrapped packages.  Your phone was confiscated and you provided your PIN to a customs officer.  In interview you gave mostly no comment responses but you did indicate that you were due to receive £1,500 for undertaking the importation.  The analysis of the powder that you imported confirmed that it comprised 112.25 grams with a purity of 81%.  The street value level for this amount would be between £13,440 and £24,640 if left unadulterated. 

4.        The Crown has directed us to Rimmer v AG [2001] JLR 373 in which the Court of Appeal laid down sentencing guidelines for cases involving the trafficking of Class A controlled drugs in powder form.  The guidelines suggest a starting point of between 10 and 13 years' imprisonment for quantities of 100 to 150 grams, and the amount that you imported places this case, therefore, at the lower end of that sentencing bracket.  Once the bracket has been identified the Court determines the starting point by reference to the weight of the drugs and your role and involvement, with some consideration being given to the value of drugs.  In Rimmer v AG, as you will have been advised and heard in Court today, the Court there also considered the effect of a high purity importation.  It was assessed that purity of 75% or greater was high and that it might in the circumstances be appropriate to increase the starting point, as the drugs imported were likely to be adulterated or if unadulterated, would be more harmful.  The drugs you imported could have been adulterated a number of times to get to the usual street level purity of 15%.

5.        Taking these factors into account and the fact that you were to be paid £1,500, and your role which we identify as that of a simple courier, the quantity and purity of the cocaine and that role suggests to us that starting point of 11 years is appropriate, being 10 years within the bracket with a 1 year further enhancement to reflect purity. 

6.        You do not have the benefit of good character, having some 38 pervious convictions including 10 for drugs offences.  You were convicted in July 2012 for being concerned in the supply of Class A drugs and the drug in those circumstances was cocaine and you received a 4 year prison sentence.  You are, of course, entitled to the benefit of a guilty plea, although we have to agree with the Crown that a conviction would be all but inevitable in these circumstances.  Nonetheless a guilty plea is of value and saves wasted time and costs.  You were co-operative in the sense that you provided your PIN to your mobile telephone and signed a bank disclosure authority.  You gave largely no comment interviews however as we have already said. 

7.        In terms of other mitigation, we note the contents of the pre-sentencing report and we note your letter of remorse and your references.  We note also your work ethic and your exemplary behaviour in prison, all of which point to a very different aspect of your character. 

8.        In summary, however, this was a commercial importation of a substantial amount of Class A drugs with a high purity and the Court's policy is clear.  Couriers such as yourself play a vital role and must be sentenced accordingly.  From a starting point, as we have said, of 11 years' taking all the available mitigation into account you are sentenced to 7 years' imprisonment.

9.        We make the order for the forfeiture and destruction of the drugs.

Authorities

Rimmer v AG [2001] JLR373