Jersey Unreported Judgments

[2011]JRC046A

ROYAL COURT

(Samedi Division)

28^th February 2011

Before     :

W. J. Bailhache, Q.C., Deputy Bailiff, and Jurats Tibbo, Clapham, Morgan, Kerley, Nicolle and Bullen.

The Attorney General

-v-

Mohammed Khasruzzaman

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

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:  29.

Plea: Guilty.

Details of Offence:

The defendant, originally from Bangladesh and studying in London, was stopped whilst coming through Customs having arrived from Gatwick.  He was found to be carrying 82.59 grams of heroin internally with an average purity of 6%.  The Defendant was not aware the drugs were of low quality. 

The drugs had an estimated street value of £82,590 and a wholesale value of between £12,389 and £16,518. 

Details of Mitigation:

Early guilty plea, albeit inevitable; not a drug user; expressed genuine remorse, previous good character.  Cooperated with the authorities throughout. 

Previous Convictions:

None. 

Conclusions:

Count 1:

Starting point 10 years' imprisonment.  5 years' imprisonment.

Forfeiture and destruction of drugs sought.

Confiscation Order in the sum of £138.68 sought.

Recommendation for deportation sought.

Sentence and Observations of Court:

Reduced the Crown's starting point from 10 years to 9 years taking into account not only the quantity of drugs but the role of the defendant was that of mule. 

Took into account the mitigation, including the impact of the sentence on the defendant's family, in particular his father who was suffering from cancer in Bangladesh. 

Count 1:

4 years' imprisonment.

Forfeiture and destruction of drugs ordered.

Confiscation Order in the sum of £138.68 made. 

Recommendation for deportation made.

Ms E. L. Hollywood., Crown Advocate.

Advocate D. V. Blackmore for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        Mr Khasruzzaman, you are here to be sentenced on one count of being concerned in the importation of heroin.  You brought into the Island, concealed internally, packages of heroin weighing 82.59 grams, with an estimated street value of £82,590.  That is a substantial amount of drugs to import into this Island and the drugs were capable of causing great damage to this community.  The Courts have an established policy which calls for a custodial sentence in cases like this. 

2.        The starting point which the Crown has asked for is a starting point of 10 years' imprisonment.  We have regard to the comments by the Court of Appeal in Rimmer, Lusk and Bade-v-AG [2001] JLR 373 where the Court said this:-

"We have already indicated that weight though a principal factor cannot be the sole factor.  ... We consider that the appropriate course is to give bands of starting points by reference to the weight of drugs, adjustment being made within these bands to take account of the role and involvement of the defendant, and of other less significant factors including street value." 

We are applying that test and we take in the circumstances a starting point of 9 years.  We note the Crown has accepted that you were a mere carrier of the drugs and therefore your role properly falls at the bottom of that band. 

3.        The Court has also considered then the mitigation which you have, which has been fully detailed by your counsel, but the important things are your early guilty plea, your good character, the assistance you have given to the authorities and your remorse, and we have read carefully your letter to the Court and taken that into account.  We have also noted that the effect of this conviction and sentence will be significant as far as your family, and in particular your father, is concerned. 

4.        Nonetheless I come back the point that you have imported a substantial quantity of Class A drugs into the Island and in the circumstances you are sentenced to 4 years' imprisonment. 

5.        We have gone on to consider the question of deportation and we note that you have not, through your counsel, objected to an order that your deportation be recommended.  The Court has no doubt that the offence which you have committed means that your continued presence in Jersey is to the island's detriment, and therefore the first part of the test in Camacho-v-AG [2007] JCA 145 is satisfied.  We also note that you have no links with Jersey and therefore the second part of the test leads to nothing we ought to take into account in considering whether to make a recommendation for deportation.  Accordingly we do make that recommendation. 

6.        Thirdly, the Crown sought at the outset a Confiscation Order against you in the sum of £138.68.  This was not contested by your counsel and the Court accordingly makes a Confiscation Order in that amount. 

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

Authorities

Rimmer, Lusk and Bade-v-AG [2001] JLR 373.

Camacho-v-AG [2007] JCA 145.

AG-v-Hasson [2004] JRC 036.

Hasson-v-AG [2004] JCA 124.

Whelan on Aspects of Sentencing in the Superior Court of Jersey.

AG-v-Ahmed and Harris [2010] JRC 230.