Jersey Unreported Judgments

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

[2022]JRC025

Royal Court

(Samedi)

3 February 2022

Before     :

T. J. Le Cocq, Esq., Bailiff, and Jurats Ramsden, Christensen and Le Cornu

The Attorney General

-v-

Callum Robert Hunt

Graham Sinclair Benson-Dias

Sentencing by the Superior Number of the Royal Court, to which the accused were remanded by the Inferior Number on 8^th October 2021, following a guilty plea to the following charges:

Callum Robert Hunt

1 count of:	Being knowingly concerned in the fraudulent evasion of the prohibition on the importation of goods, contrary to Article 61(2)(b) of the Customs and Excise (Jersey) Law, 1999 (Count 1).
2 counts of:	Possessing a controlled drug with intent to supply contrary to Article 8(2) of the Misuse of Drugs (Jersey) Law 1978 (Count 2 and Count 6).
3 counts of:	Possession of a controlled drug contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978 (Count 3, Count 4, Count 5).

Age:  29.

Plea: Guilty.

Details of Offence:

On 10^th October 2018 a Customs Officer on duty at Postal Headquarters selected a brown A3 envelope which was found to contain 1,002 pink MDMA tablets (Count 1).  They were removed and a tracking device installed, with the package then returned to the postal system. 

 

At that time Benson-Dias was a postal worker.  He was seen with the substituted package which he did not deliver but signed for it himself.  Later that day he met Hunt near St Mary's Country Inn and handed the package to him before leaving the area.  

 

Custom Officers approached a white Mitsubishi lorry parked nearby and saw the substitute package inside.  Hunt came out of the property and said: "It is nothing to do with them, it is nothing to do with them." When asked: "Is it you?" he replied: "Yes."  Hunt was arrested and cautioned and endorsed the relevant notebooks where his comments had been noted.

 

A search was carried out at Benson-Dias' home address.  Within a small black Adidas shoulder bag there was an open silver packet which contained two self-sealed bags holding granular brown/white substance which tested positive for the presence of MDMA (Count 6).

 

Hunt's home address was also searched that day and type of drugs and where they were found is as follows:

-�        The block cannabis in several areas (Count 2); four slates and two half slates wrapped in boxer shorts inside a wardrobe, a tool bag holding 18 blocks, smaller lumps in a cupboard, and a set of scales with cannabis residue in a silver container, also found in the cupboard;

-�        The MDMA powder and lumps in a number of self-seal bags inside the silver container (Count 3), and

-�        The Class B powder drugs in self-seal bags in a jewellery box (counts 4 and 5).

 

In interview Benson-Dias said: "I was unaware it was commercial, ok."  His account was that he was contacted by a male friend he would not name and told to give the parcel to a third party near St Mary's Pub.  He denied ordering the drugs and stated that there was no financial gain for him delivering the package but that he felt 'pressurised' to do it, although he provided no further detail.

 

He admitted possession of the MDMA powder and commented that it was an unfortunate coincidence that there was MDMA in his flat and he had delivered a package containing MDMA tablets.  He denied selling any drugs but said that he may have shared the powder with friends. 

 

Hunt answered no comment to all questions posed about the MDMA tablets, but did state that he used cannabis and that his girlfriend who he lived with at the time "didn't have a clue" about the drugs in the flat.  He confirmed those drugs were his and that the 'slates' were cannabis and the 'powder and rocks' were MDMA.  He denied supplying any drugs.

 

Both Defendants were released post interview.  Both left the jurisdiction early in 2019.  Attempts were made by Customs Officers to contact Hunt, but there was no response. 

 

Benson-Dias he failed to attend an interview in March but sent an email saying that he wished to attend a further interview which was arranged for April 2019.  He failed to attend this interview as well.  In December he got in contact to he was happy to answer any questions over email which he was advised was not possible and he needed to be spoken to in person.  After this there was no further communication.  

 

Arrest warrants were obtained for the return of both defendants to the Island.  Hunt was arrested on 31^st July 2021 by Suffolk Police and returned to Jersey.  Benson-Dias was arrested on 12 August 2021 at Manchester Airport and also returned to Jersey.  They were indicted on 8^th October 2021, and guilty pleas were entered to all charges.

Details of Mitigation:

Plea, family support, remorse, turned life around while away from the Island.

Previous Convictions:

Previous non-drug related offences.

Conclusions:

Count 1:	Starting point 10 years' imprisonment.  6½ years' imprisonment.
Count 2:	Starting point 3 years' imprisonment.  2 years' imprisonment concurrent.
Count 3:	8 months' imprisonment concurrent.
Count 4:	1 months' imprisonment concurrent.
Count 5:	1 months' imprisonment concurrent

Total:  6½ years' imprisonment.

Crown seek to postpone the Confiscation Hearing. 

No Costs Order sought.

Forfeiture and destruction of the drugs sought. 

Sentence and Observations of Court:

Count 1:	Starting point 10 years' imprisonment.  6 years' imprisonment.
Count 2:	Starting point 3 years' imprisonment.    18 months' imprisonment concurrent.
Count 3:	8 months' imprisonment concurrent.
Count 4:	1 months' imprisonment concurrent.
Count 5:	1 months' imprisonment concurrent.

Total:  6 years' imprisonment.

Confiscation Hearing postponed to 28^th April 2022 at 2:30 pm. 

Forfeiture and destruction of the drugs ordered.

Graham Sinclair Benson-Dias

1 count of:	Being knowingly concerned in the fraudulent evasion of the prohibition on the importation of goods, contrary to Article 61(2)(b) of the Customs and Excise (Jersey) Law, 1999 (Count 1)
1 count of:	Possessing a controlled drug with intent to supply contrary to Article 8(2) of the Misuse of Drugs (Jersey) Law 1978 (Count 6)

Age:  33.

Plea: Guilty.

Details of Offence:

As above.

Details of Mitigation:

Plea, family support, remorse, just become a father.

Previous Convictions:

One historical conviction for drug offences.

Conclusions:

Count 1:	Starting point 10 years' imprisonment.  7 years' imprisonment.
Count 6:	Starting point 8½ years' imprisonment. 6 years' imprisonment concurrent.

Total:  7 years' imprisonment.

Crown seeks to postpone the Confiscation Hearing. 

No costs order sought.

Forfeiture and destruction of the drugs sought. 

Sentence and Observations of Court:

Count 1:	Starting point 10 years' imprisonment.  6½ years' imprisonment.
Count 6:	Starting point 8½ years' imprisonment.  6 years imprisonment concurrent.

Total:  6½ years' imprisonment. 

Confiscation Hearing postponed to 28^th April 2022 at 2:30pm. 

Forfeiture and destruction of the drugs ordered.

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

Advocate J. W. R. Bell for Defendant Hunt

Advocate J. N. Heywood for Defendant Benson-Dias.

JUDGMENT

THE BAILIFF:

1.        You are to be sentenced today for your involvement in a postal importation of 1,002 MDMA tablets.  In addition, you Benson-Dias, are to be sentenced for one count of possession with intent to supply 28.05 grams of the same substance, and you, Hunt, for possession with intent to supply just under three kilograms of cannabis resin together with simple possession of 5 grams of MDMA and 442 milligrams of Class B drugs as explained by the Crown. 

2.        The Crown has set out the facts of this case and we do not intend to repeat them in detail.  The postal importation came about as a result of a customs officer selecting an envelope sent to an address in St Ouen which contained the MDMA tablets.  At that time, Benson-Dias, you were a postal worker and you dealt with the delivery of that package that had been substituted for the drugs.  You signed for ID yourself and then met with your co-accused Hunt where the substituted package was handed over. 

3.        With regard to the possession with intent to supply relating to you, Benson-Dias, the drugs were revealed in a search conducted at your home address and for you, Hunt, there was also a search at your home address and blocks of cannabis resin were found together with the other drugs that I have mentioned. 

4.        In interview, Benson-Dias, you said that you did not know that the drugs represented a commercial amount.  You said you felt pressurised into delivering the package but provided no more details than that and you made admissions in connection with the drugs found at your home address. 

5.        Hunt, you answered "no comment" to all questions asked about the MDMA tablets but accepted that you had used cannabis and that the girlfriend that you were living with at the time did not know anything about the drugs in your flat.  When asked on a subsequent occasion about the answers given by Benson-Dias you provided "no comment" responses.

6.        You both left the Island, in your case Benson-Dias, missing a prearranged interview with Customs and although a later arrangement for a later interview was made you failed to attend.  As a result, arrest warrants were obtained, and you were both arrested on different occasions and returned to Jersey.  We do not accept, that in the light of the circumstances as we understand them, you should be afforded any credit for delay.

7.        The Crown has correctly brought to our attention the relevant case law, especially Bonnar v AG [2001] JLR 626 with regard to the tablets, and Rimmer v AG [2001] JLR 373 with regard to the possession with intent to supply Class A drugs with which you are charged Benson-Dias. 

8.        With the regard to the possession with Class B drugs and with the intent to supply and possession of Class A and B we have also been directed to Campbell v AG [1995] JLR 136.  The value of the MDMA tablets imported was as to wholesale between £4,000 and £6,000 and had a street value between £15,000 and £25,000. 

9.        We note your previous convictions Benson-Dias, you have previous relevant drugs convictions dating from as long ago as 2008, and although you are not of good character Hunt, you have no previous drugs convictions.  You both had the benefit of early guilty pleas although the Crown suggests, and we agree, that those pleas were almost inevitable in the circumstances.  They were nonetheless of value, and they are to be encouraged and we give you credit for them.

10.      Benson-Dias you are assessed as being of moderate risk of reoffending and we note of course the contents of the Pre-Sentencing Reports that have been provided.  You Hunt are assessed as being at high risk of reoffending and that you indicate that you thought you had been collecting money, you felt you had no choice because of your existing drug debts. 

11.      We also note by way of additional mitigation the letters of remorse that you have provided, which we accept as genuine expressions at this time.  We also note the letters from your families and friends supporting you and they speak to different aspects of your character to which we pay due regard.  We also note that there are effects on members of your families by reason of the offending and we say this.  It is not the policy of the Court other than in untypical circumstances to take those kinds of effects into account.  You did not think about it when you committed the offence, and it does not lie easily in your mouths to ask the Court to think about it now. 

12.      Because of the number of drugs involved and their quantity, it is appropriate that following the principles set out in Valler v AG [2002] JLR 383 to increase the starting point for the most serious count to reflect the criminality of the other offences.  We accordingly propose to increase the starting point for the importation of the MDMA, to reflect that this sentence relates to a number of drugs and notwithstanding the submissions of your counsel Hunt, we think that the correct starting point has been identified by the Crown as one of 10' years.  Although you were both equally involved in the importation of the MDMA you Benson-Dias, were in a position of trust as a postal employee and this to our mind is a significant factor that we must take into account.

13.      We deal first with confiscation, and we postpone the hearing of the confiscation proceedings to the 28^th April 2022 at 2:30pm. 

14.      Taking all of the matters into account we agree, as we have said, with the approach of the Crown as to the starting point, but we feel that we can make a modest further allowance for the mitigation available to both of you.  Using the template as it appears in the Crown's conclusions at paragraph 20, we pass the following sentences:

(i)        Benson-Dias, Count 1, importation of MDMA, from a starting point of 10 years imprisonment, 6½ years imprisonment.  Count 6, possession with intent to supply MDMA from a starting point of 8½ years imprisonment, 5½ years imprisonment, both concurrent making a total of 6½ years imprisonment. 

(ii)       Hunt, with regard to Count 1, from a starting point of 10 years, 6 years imprisonment.  Count 2, from a starting point of 3 years, 18 months' imprisonment.  Count 3, 8 months' imprisonment.  Count 4, 1 month imprisonment.  Count 5, 1 month imprisonment, all concurrent making a total of 6 years' imprisonment.

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

Authorities

Customs and Excise (Jersey) Law, 1999. 

Misuse of Drugs (Jersey) Law 1978. 

Bonnar v AG [2001] JLR 626. 

Rimmer v AG [2001] JLR 373. 

Campbell v AG [1995] JLR 136. 

Valler v AG [2002] JLR 383.