Jersey Unreported Judgments

Inferior Number Sentencing - drugs - importation - Class B.

[2012]JRC183

Royal Court

(Samedi)

12 October 2012

Before     :

W. J. Bailhache, Q.C., Deputy Bailiff, and Jurats Fisher and Kerley

The Attorney General

-v-

Benjamin Thomas Moody

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

2 counts 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 (Counts 1 and 2).

Age:  25.

Plea: Guilty.

Details of Offence:

Methylone was imported on two separate occasions: the supplier was a Dutch company, Chems2U.  Delivery addresses used were those of associates of the defendant, placing them under suspicion and causing them to be arrested and questioned.  The first package weighed 77.39 grams and had an estimated street value of between £3,080 and £4,620.  The second package weighed 76.22 grams and had an estimated street value of between £3,048 and £4,573.  The second package was a replacement of the first package which had been intercepted and therefore which had failed to be delivered.  Drugs were for personal use; there was insufficient evidence of financial benefit for drug trafficking or of intention to supply others. 

Details of Mitigation:

Early guilty pleas; cooperation with the investigating officers; comparative good character; good references. 

Previous Convictions:

Offences against the person and property; despite admission of using drugs, there were no previous drugs convictions. 

Conclusions:

Starting point 2 years' imprisonment, based on the total amount seized.

Count 1:	12 months' imprisonment.
Count 2:	12 months' imprisonment, concurrent.

Total: 12 months' imprisonment.

Forfeiture and destruction of the drugs sought.

Sentence and Observations of Court:

Importation of Class B drugs into Jersey is very serious; an aggravating factor was the use of other's addresses - arousing suspicion and causing unnecessary worry.  Sanguy was distinguished on the facts.  Sentencing would reflect the combined weight and street value of approximately £6,100.  Given the mitigation and that there was no element of commercial enterprise involved, the Court sentenced as follows.

Count 1:	180 hours' Community Service Order, equivalent to 12 months' imprisonment.
Count 2:	180 hours' Community Service Order, concurrent, equivalent to 12 months' imprisonment.

Total: 180 hours' Community Service Order.

Forfeiture and destruction of the drugs ordered.

S. M. Baker, Esq., Crown Advocate.

Advocate S. A. Pearmain for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        You are here to be sentenced on an Indictment which contains two counts of importing methylone.  The total involved had a street value of just over £6,100.  In terms of the weight of methylone, it appears that there was approximately 150 grams.  The importation of Class B drugs is a very serious matter and the Court will always start from the consideration of a custodial sentence as a result.  In this case one of the aggravating factors behind your offences was the use of other people's addresses for the purposes of importation.  This led to them coming under suspicion which must have been extremely worrying for them for the period when that suspicion rested. 

2.        It is clear that despite the fact that the importation was for personal use, the purposes of the importation do not go to the starting point but they do go towards personal mitigation.  We have looked carefully at the case summary in relation to AG-v-Sanguy [2012] JRC 170A and we find that to be of limited help.  Sanguy was decided on its own facts and we therefore do not pay it very much attention.  On the other side of the coin we have noted your letter of remorse, we have noted the references and we have certainly taken into account your immediate acceptance of your guilt, your guilty plea and the fact that this was not a commercial enterprise. 

3.        Putting all these things together we do not think it is appropriate to impose a custodial sentence in this case.  We do think however that we should mark the seriousness of the offences by quite a significant period of community service and so we are going to order you to perform 180 hours of community service.  The alternative will be 12 months' imprisonment.  180 hours is imposed concurrently on each count so that makes a total of 180 hours.  I warn you that if there is any difficulty in the performance of community service then you are liable to be brought back to the court and sentenced again for these offences, so you must make sure that you perform it.  We hope that you will indeed treat this as a wake-up call.  You are too old to be behaving like this not to realise the seriousness of your actions.  At 25 you are well able to appreciate this and you are lucky that you have a supportive family and, indeed, employer. 

4.        We order that the drugs be forfeited and destroyed. 

Authorities

AG-v-Sanguy [2012] JRC 170A.

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

Campbell, Malloy and MacKenzie [1995] JLR 136.

Wijs [1998] Crim LR 587.

Misuse of Drugs (Jersey) Law.

R-v-Lewis, Wijtvliet and Vriezen [2012] EWCA Crim 1414.