Jersey Unreported Judgments

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

[2022]JRC070

Royal Court

(Samedi)

9 March 2022

Before     :

T. J. Le Cocq, Esq., Bailiff, and Jurats Ronge, Averty and Hughes

The Attorney General

-v-

Stephen Graham Ferguson

David John Morgan

David John Sauders

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

Stephen Graham Ferguson

1 count of:	Conspiracy to supply a controlled drug, namely cocaine, contrary to Article 1(1)(b) of the Criminal Offences (Jersey) Law 2009 (Count 1).
1 count of:	Entering into or becoming concerned in an arrangement that facilitates the acquisition, use, possession or control of criminal property by or on behalf of another person contrary to Article 30(3) of the Proceeds of Crime (Jersey) Law 1999 (Count 2).
3 counts of:	Possession of a controlled drug, namely cocaine, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 3, 1978 (Counts 4 and 5).

Age:  40.

Plea: Guilty.

Details of Offence:

Between 30^th September 2019 and 9^th August 2020, the Defendants conspired together and with others unknown to supply cocaine (Count 1).  It was an ongoing drug trafficking enterprise, in which the Defendants were involved in arranging at least three separate importations of cocaine (16^th November 2019, 5^th March 2020 and 8^th August 2020) involving a total quantity of 297g of cocaine, in respect of which the couriers had already been convicted and sentenced in Jersey to lengthy terms of imprisonment.  The Defendants were responsible for sourcing the drugs, recruiting the couriers, arranging the importations and onward distribution of the drugs once in the Island. 

 

Count 2 concerns the Defendants involvement in laundering the proceeds of their drug trafficking enterprise. The money laundering arrangement required the Defendants to move the cash generated from their drug dealing on the Island to the UK in order to cover their operating costs and to purchase the drugs which were to be imported into the Island.  All three Defendants were involved along with a UK resident who remained outside the jurisdiction.  

 

Ferguson's address was searched on 6^th March 2020 and 8^th August 2020, whereupon small quantities of cannabis and cocaine were found (Counts 3 - 5). 

 

During one of the couriers' importations of cocaine, which was foiled, the courier had also internally concealed a small quantity of cannabis which Morgan was found to have been concerned in (Count 6). 

 

Upon arrest, Saunders was found to be in possession of 12 diazepam tablets which he later admitted to bringing into the Island with him (Count 7). 

Details of Mitigation:

Early guilty pleas, difficult upbringing.

Previous Convictions:

13 previous convictions for 22 offences, this is the first occasion he is sentenced for commercial drug trafficking. 

Conclusions:

Count 1:	Starting point 14 years imprisonment.  9 years' 6 months' imprisonment.
Count 2:	Starting point 6 years' imprisonment.    4 years' imprisonment concurrent.
Count 3:	1 month's imprisonment concurrent.
Count 4:	3 month's imprisonment concurrent.
Count 5:	1 month's imprisonment concurrent.

Total:  9 years and 6 months' imprisonment.

Declaration of benefit sought in the sum of £169,611.10.

Confiscation Order sought in the sum of £16,380.22. 

Forfeiture and destruction of the Defendant's mobile phone sought.

Forfeiture and destruction of the drugs sought.

Sentence and Observations of Court:

Count 1:	Starting point 14 years' imprisonment.  9 years and 4 months' imprisonment.
Count 2:	Starting point 6 years' imprisonment.  4 years' imprisonment concurrent.
Count 3:	1 month's imprisonment concurrent.
Count 4:	3 month's imprisonment concurrent.
Count 5:	1 month's imprisonment concurrent.

Total:  9 years and 4 months' imprisonment.  

Declaration of benefit made in the sum of £169,611.10.

Confiscation Order made in the sum of £16,380.22

Forfeiture and destruction of the Defendant's mobile phone ordered.

Forfeiture and destruction of the drugs ordered. 

David John Morgan

1 count of:	Conspiracy to supply a controlled drug, namely cocaine, contrary to Article 1(1)(b) of the Criminal Offences (Jersey) Law 2009 (Count 1).
1 count of:	Entering into or becoming concerned in an arrangement that facilitates the acquisition, use, possession or control of criminal property by or on behalf of another person contrary to Article 30(3) of the Proceeds of Crime (Jersey) Law 1999 (Count 2).
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 6).

Age:  42.

Plea: Guilty.

Details of Offence:

As above.

Details of Mitigation:

Early guilty pleas.

Previous Convictions:

3 convictions for 9 offences, this is his first drug trafficking conviction.

Conclusions:

Count 1:	Starting point 14 years' imprisonment.  9 years and 6 months' imprisonment.
Count 2:	Starting point 6 years' imprisonment.    4 years imprisonment concurrent.
Count 6:	3 months imprisonment concurrent.

Total:  9 years 6 months' imprisonment.

Declaration of benefit sought in the sum of £53,959.84.

Confiscation Order sought in the sum of £2,916.67. 

Forfeiture and destruction of the Defendant's mobile phone sought.

Forfeiture and destruction of the drugs sought. 

Sentence and Observations of Court:

Count 1:	Starting point 14 years' imprisonment.  9 years and 4 months' imprisonment.
Count 2:	Starting point 6 years' imprisonment.    4 years' imprisonment concurrent.
Count 6:	3 months imprisonment concurrent.

Total:  9 years and 4 months' imprisonment.

Declaration of benefit made in the sum of £53,959.84.

Confiscation Order made in the sum of £2,916.67.

Forfeiture and destruction of the Defendant's mobile phone ordered.

Forfeiture and destruction of the drugs ordered. 

David John Sauders

1 count of:	Conspiracy to supply a controlled drug, namely cocaine, contrary to Article 1(1)(b) of the Criminal Offences (Jersey) Law 2009 (Count 1).
1 count of:	Entering into or becoming concerned in an arrangement that facilitates the acquisition, use, possession or control of criminal property by or on behalf of another person contrary to Article 30(3) of the Proceeds of Crime (Jersey) Law 1999 (Count 2).
1 count of:	Being knowingly concerned in the fraudulent evasion of the prohibition on the importation of goods, namely diazepam, contrary to Article 61(2)(b) of the Customs and Excise (Jersey) Law 1999 (Count 7).

Age:  42.

Plea: Guilty.

Details of Offence:

As above

Details of Mitigation:

Early guilty pleas, difficult upbringing. 

Previous Convictions:

9 convictions for 16 offences, this is his first drug trafficking conviction.

Conclusions:

Count 1:	Starting point 14 years' imprisonment.  9 years and 6 months' imprisonment.
Count 2:	Starting point 6 years' imprisonment.    4 years imprisonment concurrent.
Count 7:	2 weeks' imprisonment concurrent.

Total:  9 years and 6 months' imprisonment.

Declaration of benefit sought in the sum of £53,252.

Confiscation Order sought in the sum of £7,729.

Forfeiture and destruction of the Defendant's mobile phone sought.

Forfeiture and destruction of the drugs sought. 

Sentence and Observations of Court:

Count 1:	Starting point 14 years' imprisonment.  9 years and 4 months' imprisonment.
Count 2:	Starting point 6 years' imprisonment.    4 years imprisonment concurrent.
Count 7:	2 weeks' imprisonment concurrent.

Total:  9 years and 4 months' imprisonment. 

Declaration of benefit in the sum of £53,252 ordered.

Confiscation Order in the sum of £7,729 ordered.

Forfeiture and destruction of mobile phones ordered (except Morgan's Samsung A51 which is to be returned to him)

Forfeiture and destruction of the drugs ordered.

M. R. Maletroit, Esq., Crown Advocate.

Advocate. A. E. Binnie for Defendant Ferguson

Advocate F. L. Pinel for Defendant Morgan

Advocate I. C. Jones for Defendant Saunders

JUDGMENT

THE BAILIFF:

1.        The sentences are as follows:

2.        In the Judgment of the Court the Crown has reached almost exactly the sentence that the court believes to be correct other than in a small particular. 

I deal firstly with the confiscation.  A confiscation is ordered in the following terms: 

(i)        Mr Ferguson had a benefit of £169,611.10 and the court makes a Confiscation Order in the sum of £16,380.22.

(ii)       With regard to Morgan the court makes a declaration in the sum of £53,959.84 and a Confiscation Order in the sum of £2,916.67. 

(iii)      In respect of Saunders a declaration is made in the sum of £53,252.00 and a Confiscation Order in the sum of £7,729.00. 

(i) Ferguson:

(a)       Count 1, 9 years and 4 months imprisonment from 14 year starting point.

(b)       Count 2, 4 years imprisonment concurrent from a 6 year starting point.

(c)       Count 3, 1 months' imprisonment concurrent.

(d)       Count 4, 3 months' imprisonment concurrent.

(e)       Count 5, 1 months' imprisonment concurrent.

(ii) Morgan:

(f)        Count 1, 9 years and 4 months' imprisonment from a 14 year starting point.

(g)       Count 2, 4 years' imprisonment concurrent from a 6 year starting point.

(h)       Count 6, 3 months' imprisonment concurrent.

(iii) Saunders:

(i)        Count 1, 9 years and 4 months' imprisonment from a 14 year starting point. 

(j)        Count 2, 4 years' imprisonment concurrent from a 6 year starting point. 

(k)       Count 7, 2 weeks' imprisonment all concurrent. 

The Court orders the forfeiture and destruction of the drugs and the defendants' mobile phones with the exception of a Samsung A51 that belongs to Morgan. 

3.        We will give reasons for this decision in due course. 

Authorities

Criminal Offences (Jersey) Law 2009.

Proceeds of Crime (Jersey) Law 1999.

Misuse of Drugs (Jersey) Law 1978. 

Customs and Excise (Jersey) Law 1999.

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

Carter v AG [1994] JCA192.

AG v Goodwin [2016] JRC165.

AG v Brennan [2016] JRC 234.

AG v Hole, Rice and Rodrigues [2018] JRC 062A.

AG v Safapour [2020] JRC 003.

AG v Sheppard [2020] JRC 075.

AG v Carragher [2020] JRC 156.

AG v Robertson [2021] JRC 017.

AG v Dryden and Whitcombe [2022] JRC 009.