Jersey Unreported Judgments

[2004]JRC003

ROYAL COURT

(Samedi Division)

 

6^th January 2004

 

 

The Attorney General

-v-

Steven William Lewis

 

 

 

1 count of:

Being knowingly concerned in the fraudulent evasion of the prohibition on the importation of a controlled drug, contrary to Article 61(2)(b)  of the Customs & Excise (Jersey) Law, 1999.

 

 

Age:     33.

 

Plea:    Guilty.

 

Details of Offence:

Lewis arrived in Jersey on an alleged visit to a girl friend about whom he was unable to give any information.  He had made no accommodation arrangements for the weekend and had only £90 cash on his person and no means of obtaining any other funds.  He admitted to recent cannabis and cocaine use and a urine sample tested positive for the presence of cannabinoids and cocaine.  An X-ray revealed six to seven foreign bodies concealed internally.  During the course of the day, seven condom packages were produced which tested positive for presence of cocaine hydrochloride.  Only after the drugs were produced did Lewis admit the offence, stating that he thought the drugs were steroids.  The street value for the total amount of cocaine seized - 99.29 grams in total - was estimated at £7,942 with a wholesale value of £5,955.

 

Details of Mitigation:

Key factors:  Type and quantity of drugs; commercial amount; guilty plea all but inevitable.  Lewis is essentially unemployed, describing himself as a "jobber" in the building industry.  He has two children who live with their mothers, one of whom has cerebral palsy and for whom he provides care.  He was recently evicted from his flat in Liverpool and was temporarily residing with his mother.  Father suffering from cancer and gangrene.  Anxiety and depression.  Occasional user of cocaine and cannabis.  Guilty plea.  Involvement was as a courier.  Matters arising in Social Enquiry Report.  Desire to pay off debts.  Including disadvantaged background.

 

Previous Convictions:

15 convictions including the possession of controlled drugs offences, theft/robbery related offences and motor related offences.

 

Conclusions:

 

Count 1:

6 years' imprisonment.

 

 

Sentence and Observations of Court:

Conclusions granted.

 

 

M. St. J. O'Connell, Esq., Crown Advocate.

Advocate C.M. Fogarty for the Defendant.

 

 

 

JUDGMENT

 

 

 

THE BAILIFF:

1.        This defendant imported some 99 grams of cocaine into the Island with a street value of about £7,900, concealed in his rectum.  He has a bad record of previous convictions including three for drugs offences.  This offence was committed in the full knowledge that he was importing an illegal substance, albeit that he claimed that he thought the substance was some form of steroid.

2.        When interviewed he told the Customs officers that he had been promised, by a man to whom he owed £350 for the purchase of a three piece suite, that the debt would be forgiven and that in addition he would receive £500.  In short this was an importation of a quantity of a Class A drug for commercial gain.  The Crown Advocate has taken a starting point of 10 years' imprisonment which we think is correct.  In mitigation the defendant has pleaded guilty to the indictment.  There are sad family circumstances involving a disabled child and serious health problems suffered by the defendant's father.  The defence counsel rightly described her client as someone who had drawn the short straw in the lottery of life.

3.        We think, however, that a generous allowance has been made by the Crown Advocate for these mitigating circumstances.  The fact remains that cocaine is a dangerous Class A drug and the defendant was prepared to bring into the Island a significant quantity for dissemination amongst others.  The conclusions are accordingly granted and you are sentenced to 6 years' imprisonment.  We order the forfeiture and destruction of the drugs.

Authorities

Campbell & Ors -v- A.G. [1995] JLR136.

Rimmer Lusk & Bade -v- AG [2001] JLR373.