Jersey Unreported Judgments

Superior Number Sentencing - drugs - importation - Class A

[2024]JRC078

Royal Court

(Samedi)

9 April 2024

The Attorney General

-v-

Andrew Patrick Borland

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

Age:  32.

Plea: Guilty.

Details of Offence:

The Defendant imported 41.66 grams of cocaine with a purity of 78% by internally concealing the cocaine.  The Defendant arrived in Jersey by ferry on 25 October 2023 and was stopped by Customs and Immigration Officers.  A customs drug detector dog gave a positive indication on the Defendant and whilst being searched the Defendant produced a package from his rectum.  The Defendant said it was cocaine and belonged to him.  In interview he admitted that he knew it was illegal to import controlled drugs into Jersey but had not realised the seriousness of the offence.  In interview the Defendant stated that the cocaine was for personal use but did admit in the pre-sentence report that he was bringing the cocaine over for someone else and in return he would be given some for himself and possibly a financial reward.

Details of Mitigation:

Early guilty plea.

Previous Convictions:

One previous conviction for burglary and theft, treated as being of good character for the purposes of this matter.

Conclusions:

The Crown seek an adjournment of confiscation matters for six weeks.

Sentence and Observations of Court:

Confiscation matters adjourned for six weeks to 17 May, 2024.

Ms L. E. Taylor, Crown Advocate.

Advocate J-A. Dix for the Defendant.

JUDGMENT

THE BAILIFF:

1.        We are sentencing today for one count of importation into Jersey of internally concealed cocaine with a value of up to £10,500.  We do not need to set out the full facts in detail because they have been referred to by the Crown.

2.        In brief, you were stopped at your arrival in Jersey on 25 October 2023.  You told customs officers you were arriving in Jersey to work and were meeting an individual called Charlie, but a positive indication had been given by a drug detection dog and you were detained for search.  At that point you produced a condom wrapped package which you had secreted internally.  The contents were field tested for cocaine and produced a positive result.  Analysis of the cocaine confirmed that it weighed approximately 41.66 grams with a purity of 78% and that gives rise to the value that we have indicated.

3.        The Crown has drawn our attention, as we would expect, to the case of Rimmer v AG [2001] JLR 373 in which the Court of Appeal laid down sentencing guidelines to be applied in cases concerning trafficking of Class A drugs in powder form.  The guidelines indicate an 8 to 10 year starting point for trafficking 20 to 50 grams.  The placing of a particular offence within the bands identified in Rimmer is determined by reference to the weight of the drugs and the Defendant's role with the value of the drugs taken as a lesser but nonetheless relevant factor.  As has been noted by the Crown, the Court of Appeal in Rimmer considered the cases where a degree of purity is high at about 75% or greater it may be appropriate to increase the starting point to reflect the fact that the consignment is likely to be adulterated. 

4.        We accept that you were acting as a courier and we proceed accordingly.  We think that the appropriate starting point applying the Rimmer guidelines is one of 9 years' imprisonment and that is the starting point that we apply.

5.        We accept that your previous conviction is old and we too are prepared to treat you as being of previous good character.  We accept also that you have the benefit of an early guilty plea, although as the Court has remarked on a number of occasions arguably a finding of guilt would have been all but inevitable given the nature of the importation.  You were however cooperative and the Crown has itself suggested and we agree that a full credit for the plea should be applied.

6.        You initially indicated that the drugs were for your personal consumption but now admit that the cocaine was imported for a reward.  We have of course read both the Pre-Sentencing Reports, the other reports and the documents provided to us by your counsel.  We also note the effect of the imprisonment on your child and this is not a thing, as we are sure you have been advised, that the Court will take into account.  The consequences on your family for your offending behaviour is something that you should have taken into account and as a matter of policy the Court will seldom treat such matters as allowing any mitigation.

7.        We do however note the other mitigation available to you including your diagnosis for ADHD, your responsible actions whilst in prison and the use that you have made of your time and you have a good employment record and other things that may be said positively about your character and we note some of the causes that may have affected your offending on this occasion.

8.        As requested by the Crown and agreed by counsel we postpone the matter of the confiscation question for six weeks to Friday 17 May and our order for the forfeiture and destruction of the drugs is made but to be delayed until the confiscation proceedings are concluded.

9.        In terms of sentence, from a starting point as we have indicated of 9 years you are sentenced to 5 years and 3 months' imprisonment.  In doing so we have allowed full credit for your guilty plea and made the other reduction for the mitigation that we have identified.  That is the sentence of the Court. 

Authorities

Rimmer v AG [2001] JLR 373. 

Customs and Excise (Jersey) Law 1999)

Proceeds of Crime (Jersey) Law 1999