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	Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> 1999/77 - AG v Doyle [1999] UR 77 (7 May 1999) URL: http://www.bailii.org/je/cases/UR/1999/77.html Cite as: [1999] UR 77

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ROYAL COURT

(Samedi Division)

7 May 1999

Before: F C Hamon Esq Deputy Bailiff and

Jurats Myles and Quérée

AG -v- Jason Peter Thomas Doyle

2 counts of being knowingly concerned in the fraudulent evasion of the prohibition on importation of a controlled drug, contrary to Article 77(b) of the Customs and Excise (General Provisions) (Jersey) Law, 1972:

Count 1: cannabis resin

Count 2: amphetamine sulphate

Age: 27.

Plea: Guilty.

Details of Offences:

Stopped at Airport with a total of 35.46 grams cannabis resin and 29.20 grams of 20% by weight amphetamine sulphate hidden in underpants. Cannabis: £200; amphetamine sulphate: £292.

Details of Mitigation:

Guilty plea - little value as caught red-handed. Personal use accepted but significant quantity. Been in custody since 30^th November, 1998.

Previous Convictions:

Terrible record: 32 offences of theft, four firearms or offensive weapon offences, one offence against the person, two offences against property, five for failing to surrender to custody and three previous offences of possession of drugs: 1990, 1991 and 1997.

Conclusions:

Count 1: 12 months imprisonment.

Count 2: 12 months imprisonment, concurrent.

TOTAL: 12 months imprisonment.

Sentence and Observations of the Court:

Count 1: 10 months imprisonment.

Count 2: 10 months imprisonment, concurrent.

The fact that he had a partner and two children could not affect sentence. Court would have no hesitation following the conclusions of the Crown but for the delay in bringing such a simple case to conclusion.

Miss S E Fitz Crown Advocate

Advocate M Guillaume for the accused

JUDGMENT

THE DEPUTY BAILIFF: Doyle is a drug addict. He has a partner and two children aged six and three living with their mother in England. We cannot allow that to enter into our deliberations. He has a bad criminal record. His last custodial sentence was imposed at Preston Crown Court on 23^rd August, 1996, when he received a total of 18 months’ imprisonment for assault, theft, handling and possessing a CS gas canister as an offensive weapon. He is 27 years old.

When stopped at Jersey Airport he had drugs strapped to his body. They consisted in all of 35.46 grams of cannabis resin and 29.20 grams of a white powder which contained 20% by weight of amphetamine sulphate. This was of such purity that it represents a commercial quantity. Nevertheless, because of his background, the Crown accepts his explanation that he was visiting his sister to celebrate her birthday and that these drugs were for his personal use. He had some £600 in cash for the four day visit, and that lends support to the view that he was not intending these drugs for sale. He says that he buys the drugs from a man in a pub in Morecambe. He will not say who that man is; nor, presumably, how he funds his habit.

We have had regard to the case of AG -v- Broadhurst, Walsh (27^th October, 1995) Jersey Unreported, where the amount was more but where the mitigation was stronger. We would have had no hesitation in following the conclusions of the Crown had it not been for what we regard as the extraordinary delay in bringing this quite simple case to Court for sentencing.

Doyle, will you stand up, please. We are going to sentence you to 10 months’ imprisonment. Your time on remand will be taken into account. We order the forfeiture and destruction of the drugs.

Authorities

AG -v- Broadhurst, Walsh (27^th October, 1995) Jersey Unreported.