Jersey Unreported Judgments

[2009]JRC114

ROYAL COURT

(Samedi Division)

8^th June 2009

Before     :

J. A. Clyde-Smith, Esq., Commissioner and Jurats Clapham, King, Morgan, Newcombe, Liddiard and Fisher.

The Attorney General

-v-

Gavin Robert Ferguson

Sonya Joanna Moorton

Sentencing by the Superior Number of the Royal Court, to which the accused were remanded by the Inferior Number on 1^st June, 2009, following a guilty plea to the following charge:

Gavin Robert Ferguson

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 and Excise (Jersey) Law 1999.  (Count 1).

Age:  36.

Plea: Guilty.

Details of Offence:

At approximately 1010 hours on 6^th February, 2009, the defendants were stopped at Jersey Airport as they arrived on a flight from London Gatwick.  They said they were in Jersey for three nights to celebrate Valentines Day a week early.

A search was conducted during which nothing of a prohibited or restricted nature was found, but scans detected traces of heroin and cocaine.  Both were arrested and transferred to the General Hospital.  X-rays showed that there appeared to be suspicious looking packages concealed inside them.

Customs Officers searched the room in which Moorton had been held prior to being transferred to hospital, and found a yellow plastic 'kinder egg' type container wrapped in a condom, under the mattress on the detention room bench, containing 18.5 grams of heroin.

Ferguson was seen to have a lump in his sock and was reluctant to take it off, but eventually he did and a package was seized which also contained a yellow 'kinder egg' type container holding 22.17 grams of heroin at 12% purity.

Shortly after this Ferguson said he was not feeling well and admitted that he had another package concealed internally which he thought might be leaking.  He was immediately taken to the General Hospital and subsequently expelled two further packages, the first containing 22.52 grams of heroin and the second 27.73 grams of diamorphine.

On 8^th April, 2009, both defendants were interviewed and made admissions.  For the purposes of sentencing these were to be treated as two separate importations.  The 18.5 grams of heroin carried by Moorton has an estimated street value in Jersey of £18,500.  The total of 72.42 grams of heroin carried by Ferguson has an estimated street value in Jersey of £72,420.  The combined value for 90.92 grams of diamorphine is £90,920.

Details of Mitigation:

Guilty plea, albeit inevitable, ultimately co-operative, some of the heroin was for personal use.

Previous Convictions:

33 previous convictions comprising 77 offences.  3 recent offences involved drugs.  In 2004 he was imprisoned for 2 years by the Royal Court for importing heroin and possession of cannabis.  In 2007 he was fined in the UK for possession of heroin.

Conclusions:

Count 1:

Starting point 10 years.  7 years' imprisonment.

Forfeiture and destruction of drugs sought.

Confiscation order in the sum of £273.05 sought.

Sentence and Observations of Court:

Count 1:

Starting point 8½ years.  6 years' imprisonment.

Forfeiture and destruction of drugs ordered.

Confiscation order in the sum of £273.05 ordered.

Sonya Joanna Moorton

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 and Excise (Jersey) Law 1999.  (Count 1).

Age:  40.

Plea: Guilty.

Details of Offence:

See Ferguson above.

Details of Mitigation:

Guilty plea, albeit inevitable, no previous drug convictions.

Previous Convictions:

13 previous convictions comprising 21 offences.  These are all offences of dishonesty and she has no previous drug related offences.

Conclusions:

Count 1:

Starting point 8 years.  5½ years' imprisonment.

Forfeiture and destruction of drugs sought.

Sentence and Observations of Court:

Count 1:

Starting point 8 years.  4½ years' imprisonment.

Forfeiture and destruction of drugs ordered.

R. C. P. Pedley, Esq., Crown Advocate.

Advocate R. Da Silva for Ferguson.

Advocate I. C. Jones for Moorton.

JUDGMENT

THE commissioner:

1.        The defendants imported heroin into the island concealed internally.  Ferguson carried 74.42 grams with a street value of £72,420 and Moorton 18.5 grams with a street value of £18,500.  The Crown accepts that Ferguson was not aware that Moorton was also carrying drugs and that although Moorton did know that Ferguson was carrying drugs, she was unaware of the quantity.  Accordingly the Crown have invited the Court to sentence each of the defendants on this basis.  They both acted as couriers but Ferguson has a previous conviction for importation of drugs into this Island. 

2.        Applying the Rimmer Guidelines the Crown invites a starting point of 10 years for Ferguson and 8 years for Moorton and both Defence counsel agree that that is the correct starting point.  Ferguson is regarded as a prolific offender with many offences being directly or indirectly related to drugs and is assessed as being at a high risk of re-offending.  Moorton has previous convictions, all indirectly related to her drug addiction and associated lifestyle and is assessed at a medium risk of re-offending.  There are no community recommendations for either defendant.  The Crown moves for 7 years' imprisonment for Ferguson and 5½ years' imprisonment for Moorton.

3.        The appalling effect that heroin addiction has had on the lives of these two defendants is a stark illustration of the evil of this drug and the importance of the Court's firm policy in deterring those who deal in it commercially. 

4.        In terms of mitigation, Ferguson, you have pleaded guilty and you were ultimately co-operative with the authorities.  We have seen your letter and the other letters and references.  We note in particular your community work, which we applaud you for and your recent illness which has caused a loss of memory and reduced self-worth and which has undoubtedly exacerbated your drugs use.  We accept that some of the heroin that was imported may have been intended for personal use over the five days that you were going to be in the island. 

5.        Taking into account the reports that we have read and the other documents before us we sentence you as follows; you are sentenced to 6 years' imprisonment.

6.        Moorton, you too have pleaded guilty and have been co-operative with the Police, you have shown remorse and have taken very positive steps in your time in prison and we commend you for that.  We have read your letter, the letter from your parents and the other references and we have noted your very difficult personal life. 

7.        Taking all that into account and the reports, we sentence you as follows; you are sentenced to 4½ years' imprisonment.

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

Authorities

Rimmer and Others [2001] JLR 373.