Jersey Unreported Judgments

Superior Number Sentencing - drugs - importation - Class A

[2023]JRC014

Royal Court

(Samedi)

23 January 2023

The Attorney General

-v-

Joshua Steven Catracchia

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 11 November 2022, following a guilty plea to the following charge:

Age:  31.

Plea: Guilty. 

Details of Offence:

The Defendant imported 68.68 grams of cocaine into Jersey on 21 October 2022. The Defendant arrived in the Island on a flight from Manchester having concealed the drugs internally. The street value of the cocaine seized from the Defendant was between £8,400 and £15,400.

Details of Mitigation:

The Defendant entered a guilty plea at the first appearance, albeit the Crown considered that the circumstances of the Defendant's plea was all but inevitable in the circumstances. The Defendant also provided the access code to his mobile telephone and signed a bank disclosure authority - he thereby assisted with those investigative avenues.

Previous Convictions:

The Defendant has no previous drugs convictions. He has two convictions for offences against the person.

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 C. Baglin for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        Joshua Catracchia you are 31 years old and fall to be sentenced for importing 68 grams of cocaine into Jersey on 21 October 2022.  You pleaded guilty to this offence at the earliest opportunity and you will receive full credit for that plea.  You are not a man of good character but you have no relevant previous convictions.

2.        The drugs were concealed internally and on arrival at the airport you were stopped by Customs Officers.  Shortly after your arrest, when an X-ray of your body confirmed an item was concealed within you, you volunteered that it was a package containing cocaine.  When analysed the drugs had a purity of 51%.  In interview you made full admissions and said you intended to sell cocaine in the island.  You gave the Customs Officers access to your mobile telephone and access to your bank accounts and nothing of evidential value was yielded by a download of the contents of your mobile telephone. 

3.        The street value of the cocaine seized was between £8,400 and £15,400.  We agree, as indeed does your counsel, with the Crown's assessment of a starting point in this case of 9 years' imprisonment.  You were a courier and you now accept that you were to hand the cocaine to a person in Jersey in return for a monetary reward which would have been £3,000 in your case which of course you did not receive.

4.        We have agreed to adjourn the question of confiscation to 24 March 2022 at 10 am and we have made a destruction order in relation to the drugs. 

5.        The Crown has moved for a sentence of 6 years' imprisonment by virtue of your early plea and today on your behalf it is said that we should reduce those conclusions and impose a sentence of 5 years' imprisonment by reference to additional mitigation available to you.

6.        We have had regard to your letter of remorse which we found to be genuine and impressive.  We have had regard to the letter from your employer, you have always worked, you have worked hard and your employer speaks highly of you and is prepared to keep your job open to you.  We have also read the moving letter from your mother and she speaks, as indeed you touch on, about your 5½ years in the army including a period of active service in Afghanistan.  We think it is right to take into account and recognise the fact that you were prepared to risk your life for the public good as a member our armed forces.  We have also taken into account the fact that you are putting your time in custody to good use, reading, taking advantages of the educational opportunities available to you, working, keeping fit and you describe yourself, and we accept, as a model prisoner. 

7.        So taking those matters into account we are content to and indeed do reduce the Crown's conclusions to 5 years and that is the sentence that we impose.  Your advocate says on your behalf that it is the last time that you will appear before the Court and we sincerely hope that that is the case.

Authorities

Rimmer v AG [2001] JLR 373.