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	Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> 1999/53 - AG v Shoesmith [1999] UR 53 (19 March 1999) URL: http://www.bailii.org/je/cases/UR/1999/53.html Cite as: [1999] UR 53

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ROYAL COURT

(Samedi Division)

19 March 1999

Before: Sir Philip Bailhache, Bailiff, and

Jurats Myles, and Herbert

AG

-v-

William James Shoesmith

1 count of: being knowingly concerned in the fraudulent evasion of the prohibition on importation of a controlled drug, under Article 77(b) of the Customs and Excise (General Provisions) Law, 1972. (Cannabis resin.)

Age: 67

Plea: Guilty

Details of Offence:

The Defendant imported 3.952 kilograms of cannabis resin with a street value of approximately £23,000. He was stopped by customs officers at the Elizabeth Quay following disembarkation from the Condor Express ferry from Poole and the drugs were found during a search of his suitcase. In court the defence stated that the Defendant had been given the drugs on credit and was due to be paid £5,000 for acting as a courier.

Details of Mitigation:

Guilty plea and co-operation. Exonerated companion. Regrets what he has done. Is 67 years old and, although has known substantial custodial sentences, years become more precious as time goes on. Compulsive gambler - believes this to be at the root of his offending behaviour.

Previous Convictions:

33 convictions, only one of which was for a drugs offence: importing 7kgs of cannabis resin into London Gatwick from Spain in July 1996. Sentenced to 2 years imprisonment.

Conclusions; 3 years imprisonment - 4 year starting point

Sentence and Observation of the Court:

2½ years imprisonment. Applying Campbell guidelines, 3½ year starting point, I year deducted for guilty plea and age of Defendant. Drugs forfeited and destroyed. Blatant offence of drug trafficking carried out for commercial gain. Bad record.

The Solicitor General

Advocate C Deacon for the Accused

JUDGMENT

THE BAILIFF: This was a blatant offence of drug trafficking carried out for commercial gain by a man with a long criminal record. Counsel has realistically acknowledged that the Court must impose a custodial sentence, and we have applied the guidelines which were laid down by the Court of Appeal in the case of Campbell, Molloy and McKenzie -v- AG (1995) JLR 136 CofA and have reached the conclusion that the starting point on the particular facts of this case ought to be one of 3½ years.

We agree with the Solicitor General that the appropriate deduction for the guilty plea is 12 months, and we think that that deduction is sufficiently generous to include the factor of the accuseds age, to which his Counsel drew our attention. We reach the conclusion, therefore, that the proper sentence in this case is one of 2½ years imprisonment and, Shoesmith, you are sentenced accordingly to 2½ years imprisonment, and we order the forfeiture and destruction of the drugs.

Authorities

AG -v- Griffin & Anor (5 October 1998) Jersey Unreported [1998.198]

Campbell, Molloy, MacKenzie -v- AG ( 1995) JLR 136 CofA

AG -v- Bowen & Anor (1 June 1995) Jersey Unreported

Thomas: Current Sentencing Practice: C2 - 2 BOI