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Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> AG v Valentine [2024] JRC 011 (15 January 2024)
URL: http://www.bailii.org/je/cases/UR/2024/2024_011.html
Cite as: [2024] JRC 11, [2024] JRC 011
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Superior Number Sentencing - drugs - importation
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Before : |
R. J. MacRae, Esq., Deputy Bailiff, and Jurats Christensen MBE, Dulake, Hughes, Entwistle and Berry |
The Attorney General
-v-
George Howard Valentine
Sentencing by the Superior Number of the Royal Court, following a guilty plea to the following charges:
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2 counts of: |
Being knowingly concerned in the fraudulent evasion of the prohibition on the importation of goods, contrary to Article 61(2)(b) of the Customs and Excise (Jersey) Law 1999 (Count 1 and Count 2). |
Age: 23.
Plea: Guilty.
Details of Offence:
On 10 September 2023, the Defendant was stopped at Elizabeth Terminal on arrival into Jersey on the Condor Liberation. The Defendant was travelling alone and had a large rucksack. He told the Customs Officer that he was travelling to Jersey to pay his respects to his grandmother, who had lived in Jersey and recently passed away, and that he had last visited Jersey three years ago. The Defendant said he was unemployed and sleeping rough and planned to sleep on the beach whilst in Jersey. He admitted to having been in Jersey three days prior and said he intended to travel to Guernsey as there was the possibility of some work there. The Defendant stated he had nothing to declare.
During a search of the Defendant's bag, a number of clear plastic deal bags were found. The Defendant stated he did not know they were in his baggage as a friend had given him the rucksack a week prior. The Defendant then stated he had a drugs debt in the sum of £5,000.
During a search of the Defendant, a black pouch was located concealed in the Defendant's underwear, to which the Defendant stated: "you've found it, it's ket and coke". Inside the pouch was 6.63 grams of cocaine, with an estimated street value of between £1,000 and £1,700, and 119.77 grams of ketamine, with an estimated street value of between £7,200 and £9,600.
In interview, the Defendant admitted to importing cocaine and ketamine into Jersey. He said he was highly addicted to ketamine and would take some every day. The Defendant stated he had been given the drugs and told to conceal them to pass to recipients in Jersey and that it was his last chance. He also stated his drugs debt would be reduced by £500 and he would be left alone for a little while. Analysis of the Defendant's mobile phone indicated prior travel to Jersey and there were messages on his phone indicative of the Defendant both using and selling drugs in England.
Details of Mitigation:
Guilty plea, no previous relevant convictions, youth, genuine remorse and progress made whilst in custody.
Previous Convictions:
The Defendant has one previous conviction for an offence against the person.
Conclusions:
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Count 1: |
Starting point 7½ years' imprisonment. 5 years' imprisonment. |
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Count 2: |
Starting point 18 months' imprisonment. 12 months' imprisonment, concurrent. |
Total: 5 years' imprisonment.
Forfeiture and destruction of the drugs seized sought.
Forfeiture and destruction of the Defendant's iPhone sought.
Confiscation sought in the sum of £1.
Sentence and Observations of Court:
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Count 1: |
Starting point 7 years' imprisonment. 3 years and 6 months' imprisonment. |
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Count 2: |
12 months' imprisonment, concurrent. |
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Total: 3 years and 6 months' imprisonment.
Forfeiture and destruction of the drugs seized ordered.
Order for forfeiture and destruction of the Defendant's iPhone (suspended for 28 days).
Confiscation ordered in the sum of £1.
Ms L. B. Hallam, Crown Advocate.
Advocate H. J. Heath for the Defendant.
JUDGMENT
THE DEPUTY BAILIFF:
1. George Valentine, you are 24 years old in two days' time. On 10 September last year, you imported over 6 grams of cocaine into Jersey and nearly 117 grams of ketamine on the same occasion.
2. When you were stopped by Customs officers at the harbour, you gave a number of false reasons for your travel to the Island. However, when your baggage was being searched you said that you owed a cannabis debt to drug dealers in the sum of £5,000.
3. Subsequently, when the drugs that you were unlawfully importing were found on your person during a search you immediately identified the type of drugs that you were carrying.
4. You gave the arresting officers access to your mobile telephone. In interview, you admitted the offences with which you are charged. You said that you were addicted to ketamine and would take some every day. You said that you were given the drugs to import in order that you pass them on to third parties on your arrival and that you were also told to conceal the drugs internally but did not do so owing to their size.
5. Your reward for this importation was to be a reduction in your substantial drug debts, by a sum of just £500. You said that you had had contact with your criminal associates through a mobile telephone that you had thrown into the sea prior to your landing in Jersey.
6. The street value of the drugs you imported was at least £1,000 (in respect of the cocaine) and at least £7,200 (in respect of the ketamine).
7. As to the mobile telephone that was recovered from you, the data revealed messages with your Jersey-based contact in the week leading up to the importation.
8. You pleaded guilty at the first opportunity, just two days after you committed the offences, and you will receive full credit for those pleas.
9. The Crown argued for a starting point of 7½ years' imprisonment in respect of the cocaine importation at Count 1. Having regard to the weight of the drugs and your role in these offences we fix the starting point at 7 years' imprisonment. You have a previous conviction for an offence of violence that led to a custodial sentence being imposed upon you by Shrewsbury Crown Court in 2019 which is of little relevance for the purposes of your sentence today.
10. The Pre-Sentence Report speaks about you being in fear of those to whom you owed money for drugs. However, this Court has repeatedly said that that is no mitigation whatsoever - it is simply a feature of the drugs world that you have chosen to participate in, where threats are commonplace occurrence. You are at high risk of re-offending, although we note, and it is to your credit, that you have made good use of your time in custody and have voluntarily completed an alcohol and substance awareness programme, and we have heard from your counsel that you are now drugs free.
11. We make a destruction and forfeiture order in relation to the drugs seized and we make a similar order in relation to your mobile telephone, save that you have 28 days to have your personal data extracted from that mobile telephone at your expense. That is a matter that you will have to liaise with the States Police upon.
12. We make a declaration of benefit in the sum of £2,975 and we make a confiscation order in the sum of £1 and ancillary orders in accordance with (i), (ii), (iii) and (iv) only of the draft order at page N11 of the bundle.
13. We have read your letter of apology to the Court and we have taken into account your comparative youth, your cooperation on arrest to which we have referred, your remorse which we accept is genuine, the progress that you have made in custody and all the other mitigation before us.
14. The sentence that we impose on Count 1 is 3½ years' imprisonment and on Count 2, 12 months' imprisonment, concurrent, making a total of 3½ years' imprisonment. Do you understand?
Authorities
Customs and Excise (Jersey) Law 1999
Proceeds of Crime (Jersey) Law 1999
AG v Mackenzie and Richards [2011] JLR 689
R v Cairns [2013] EWCA Crim 467
Magistrate's Court of Jersey Sentencing Guidelines.