Jersey Unreported Judgments

[2009]JRC047

ROYAL COURT

(Samedi Division)

13^th March 2009

Before     :

Sir Philip Bailhache, Kt., Bailiff, and Jurats Le Breton and Newcombe

The Attorney General

-v-

Carina Maria Da Silveira Luis

Telma Maria Da Silveria Luis

Sentencing by the Inferior Number of the Royal Court, following guilty pleas to the following charges:

Carina Maria Da Silveira Luis

First Indictment

1 count of:	Using a motor vehicle uninsured against third party risks, contrary to Article 2(1) of the Motor Traffic (Third Party Insurance)(Jersey) Law 1948 as amended.  (Count 1).
1 count of:	Being concerned in the supply of a controlled drug, contrary to Article 5(c) of the Misuse of Drugs(Jersey) Law 1978.  (Count 2).
1 count of:	Possession of a controlled drug with intent to supply, contrary to Article 8(2) of the Misuse of Drugs (Jersey) Law 1978.  (Count 3).
1 count of:	Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978.  (Count 4).

Age:  24.

Plea: Guilty.

Details of Offence:

On 9^th January, 2008, Carina Luis was stopped driving a Ford Fiesta while not covered by third party insurance (Count 1).  She was warned to attend at a Parish Hall enquiry but failed to attend.  She subsequently ignored a second warning and was summonsed before the Magistrate's Court.

On 24^th April, 2008, Officers in Springfield Stadium car park stopped a car being driven by Telma and Carina Luis.  They were searched.  Telma Luis was found to have 12 wraps of heroin (350 milligrams) hidden in her bra.  A total of £2,376 was found in the car, which belonged to Telma, together with burnt pieces of foil, and cut up plastic bags consistent with the packaging of wraps of heroin.  The sisters premises were also searched, and several mobile phones and a total of 10 different sim cards were seized.  Analysis of the phones and sim cards suggested that they had been used for the purpose of trafficking drugs.

In interview Carina Luis admitted being an addict and claimed to have detoxified.  However, she initially gave no comment answers in relation to the drugs, cash and other paraphernalia.  She later said that she knew that Telma had bought the heroin, and that Telma had rebagged it.  Carina denied dealing any drugs. 

Telma Luis also admitted to being an addict, and admitted possession of the heroin seized from her person.  She said that it was for her own use, despite accepting that she had cut and packaged it after purchase.  She said that the money belonged to her father.  However, she subsequently admitted having supplied her sister Carina with heroin over the last 2 weeks (Count 5), and said that she had intended to supply Carina with further heroin from the bags that had been seized (Count 3).

Further analysis of the phone records showed that the sisters had supplied 36 "50" bags of heroin between them (Count 2) in the 2 months prior to their arrest.  These drugs had a value of £1,800.

On 3^rd February, 2009, whilst on bail pending sentence, Telma Luis was found slumped over her car steering wheel in breach of her curfew.  A search of the car revealed personal amount of cannabis resin (Count 6).

Details of Mitigation:

Guilty pleas, some residual youth, ill parent.

Previous Convictions:

One previous conviction for possession of heroin in 2007.

Conclusions:

First Indictment

Count 1:	4 months' imprisonment and 12 months' disqualification.
Count 2:	3 years' imprisonment, concurrent.

Total: 3 years' imprisonment and 12 months' disqualification.

No recommendation for deportation sought.

Forfeiture and destruction of drugs sought.

Sentence and Observations of Court:

The Court adopted a starting point of 6 years and ordered the following sentences:-

First Indictment

Count 1:	1 week's imprisonment and 12 months' disqualification.
Count 2:	2 years' imprisonment, concurrent.

Total: 2 years' imprisonment and 12 months' disqualification.

No order for deportation made.

Forfeiture and destruction of drugs ordered.

Telma Maria Da Silveira Luis

First Indictment

1 count of:	Being concerned in the supply of a controlled drug, contrary to Article 5 (c) of the Misuse of Drugs (Jersey) Law 1978.  (Count 2).
1 count of:	Possession of a controlled drug with intent to supply, contrary to Article 8(2) of the Misuse of Drugs (Jersey) Law 1978.  (Count 3).
1 count of:	Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978.  (Count 4).
1 count of:	Supplying a controlled drug, contrary to Article 5(b) of the Misuse of Drugs (Jersey) Law 1978.  (Count 5).

Second Indictment

1 count of:

Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978.  (Count 1).

Age:  28.

Plea: Guilty.

Details of Offence:

See Carina Luis above.

Details of Mitigation:

Guilty pleas (although entered at the last moment), ill parent.

Previous Convictions:

None.

Conclusions:

First Indictment

Count 2:	3 years' imprisonment.
Count 3:	2 years' imprisonment, concurrent.
Count 5:	2 years' imprisonment, concurrent.

Second Indictment

Count 1:

2 weeks' imprisonment, consecutive.

Total: 3 years' and 2 weeks' imprisonment.

No recommendation for deportation sought.

Forfeiture and destruction of drugs sought.

Sentence and Observations of Court:

The Court adopted a starting point of 6 years and ordered the following sentences:-

First Indictment

Count 2	2 years' imprisonment.
Count 3:	2 years' imprisonment, concurrent.
Count 5:	2 years' imprisonment, concurrent.

Second Indictment

Count 1:

2 weeks' imprisonment, concurrent.

Total: 2 years' imprisonment.

No order for deportation made.

Forfeiture and destruction of drugs ordered.

Adjournment for a date to be fixed re the Attorney General's Statement re confiscation order against Telma Maria Da Silveira Luis.

C. M. M. Yates, Esq., Crown Advocate.

Advocate E. J. Le Guillou for C. M. Luis.

Advocate C. M. Fogarty for T. M. Luis.

JUDGMENT

THE BAILIFF:

1.        This is a sad case.  Both these young defendants are intelligent and talented young women who have had a very difficult start to life and have perhaps, as a result of these stresses and other malign influences, become addicted to heroin.  We have no doubt however, even putting out of mind the cash found in the car, that in all the circumstances the description by the Police Officer of the car as a "mobile drugs factory" accurately portrays the small scale dealing activities of these defendants.  The mobile telephones, the Sim cards, the messages passing between them, the drugs and other paraphernalia, all show that these defendants were part of a ring of evil people spreading the misery caused by addiction to heroin.

2.        We have considered carefully the recommendations in the background reports and we think that a custodial sentence is inevitable.  We accept the submissions of counsel for Carina, that the case of Rimmer and Others-v-AG [2001] JLR 373 has no application to the offence in Count 2.  We propose, having regard to our assessment of the extent to which the defendants were engaged in drug trafficking, to take a starting point of 6 years' imprisonment.  We apply a conventional discount for the guilty pleas and make further allowances for the other mitigation including backgrounds, youth, the references and efforts made to overcome their addiction.

3.        Both of you have the potential, in the view of the Court, to make something of your lives.  We hope that you will take advantage of the opportunities that will be available to you in the prison so that when you come out you will keep away from drugs and keep away from people who are involved in drugs. 

4.        Carina, you will be sentenced on Count 1; 1 week's imprisonment, on Count 2; 2 years' imprisonment, concurrent making a total of 2 years' imprisonment and you will be disqualified from holding a driving licence for 12 months. 

5.        Telma you will be sentenced on Count 2; 2 years' imprisonment, on Count 3; 2 years' imprisonment, on Count 5; 2 years' imprisonment, all those sentences to be concurrent and on Count 1 of the Second Indictment; 2 weeks' imprisonment, concurrent, making a total of 2 years' imprisonment.

6.        We order the forfeiture and destruction of the drugs.

7.        We defer consideration of the Attorney General's application for a Confiscation Order against Telma Maria Da Silveira Luis.

8.        As to deportation, we think that the Court should not, in a serious case of this kind of dealing in a Class A drug, have been denied the opportunity by the Crown of considering whether or not a recommendation for deportation should be made.  The Crown Advocate should, in our view, have made a case either for or against making a recommendation so that defence counsel could have the opportunity of addressing the point.  Having considered that matter in Chambers we are satisfied that this is now a Jersey family and that Human Rights (Jersey) Law 2000 considerations mean that a recommendation for deportation should not be made, and we will not therefore consider the matter any further.

Authorities

Rimmer and Others-v-AG [2001] JLR 373.

Human Rights (Jersey) Law 2000.