Jersey Unreported Judgments

Superior Number Sentencing - drugs - importation - Class A and Class B.

[2017]JRC151B

Royal Court

(Samedi)

18 September 2017

Before     :

T. J. Le Cocq, Esq., Deputy Bailiff, and Jurats Olsen, Grime, Ramsden and Pitman.

The Attorney General

-v-

Mark Henderson

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 28^th July, 2017, following guilty pleas to the following charges:

3 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, 2 and 3).

Age:  49.

Plea: Guilty.

Details of Offence:

Henderson was stopped upon arriving in the Island by Customs officers at Jersey Harbour.  A search of his vehicle revealed several wrapped packages in brown tape from behind the left hand side panel inside the boot, officers located a total of eight packages.  A further search revealed 29 brown wrapped packages under the panel beneath the front passenger seat.  In total officers found 37 packages which contained a total of 19.956 kilograms of cannabis resin (Count 1).  Officers located a further 2.37 grams of cannabis and 675 milligrams of cocaine (Count 3) inside a tyrozet tube inside Henderson's suitcase.  In addition £1,520 and €1,045 in cash was also found.

The potential street value of the 19.956 kilograms of cannabis would have been £300,000 - £400,000.

Details of Mitigation:

Guilty plea, co-operative with authorities.

Previous Convictions:

Poor record including offences of assault, dishonesty and attempted murder albeit no drug related convictions.

Conclusions:

Count 1:	Starting point 8 years' imprisonment.  5 years' imprisonment.
Count 2:	No separate penalty.
Count 3:	6 months' imprisonment, concurrent to Count 1.

Total: 5 years' imprisonment.

Confiscation Order sought in the sum of £2,573.74.

Forfeiture and destruction of the drugs sought.

Sentence and Observations of Court:

Conclusions granted.

Mrs E. L. Hollywood, Crown Advocate.

Advocate J. C. Gollop for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        This was an importation by motor vehicle of some 19.956 kilograms of cannabis resin and 2.37 grams of the same drug and 675 milligrams of cocaine on 21^st May this year.  As the Crown has said the 19.9 kilograms contained in packages hidden in both the rear compartment and a panel beneath the seat of your Mercedes motor vehicle.  The street value of the larger quantity was between £300,000 and £400,000 and the smaller amounts between £30 and £40 and of cocaine of some £50.

2.        In interview you confirmed that you were a paid importer expecting to receive approximately £500 per kilo.  Your record is not a good one although you have no previous convictions in connection with drugs offences.  You have pleaded guilty and you have been cooperative with the prosecution authorities.  We have read your letter and those from your family and those from family and friends speak well of you.

3.        Dealing first with the Attorney-General's statement, and you do not oppose this through your counsel, we declare that you have benefitted from drug-trafficking to the extent of £2,573.14 and we order a Confiscation Order in the same sum. 

4.        Turning to the question of sentence, we have considered carefully, as we have said, all that your counsel has said and the mitigation available to you but, in our view, the Crown has got its recommendations right, both with regard both to the starting point and to the ultimate sentence.

5.        On Count 1 from a starting point of 8 years you are sentenced to 5 years' imprisonment.  On Count 2 we impose no separate penalty and on Count 3 you are sentenced to 6 months' imprisonment, concurrent to Count 1, making a total of 5 years' imprisonment.

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

Authorities

Rimmer & Ors v-AG [2001] JLR 373.

Campbell v AG [1995] JLR 136.

AG v McCormack [2016] JRC 083.

AG v Dos Santos [2015] JRC 229.

AG v Motofelea and Lucaciu-Dina [2014] JRC 069.

AG v Gouveia [2008] JRC 083.