Jersey Unreported Judgments

[2005]JRC150

ROYAL COURT

(Samedi Division)

27^th October 2005

The Attorney General

-v-

Suna Miah

Sentencing by the Inferior Number of the Royal Court on guilty plea to:

1 count of:

Being knowingly concerned in the fraudulent evasion of the prohibition on the importation of a controlled drug, contrary to Article 6(2) (b) of the Customs and Excise (Jersey) Law 1999.

Age:  31.

Plea: Guilty

Details of Offence:

The defendant was stopped as he arrived at the airport and was found to be concealing a package containing 1.15 grams of heroin under his tongue.  It was accepted as being for personal use.

Details of Mitigation:

Guilty plea.  Co-operative with Customs Officers.  Expressed willingness to overcome drug addiction.

Previous Convictions:

Substantial record, including 17 previous drug offences.  Only recently released having served 2 years and 8 months of a 4 year sentence imposed in 2003 for drug offences.

Conclusions:

18 months' imprisonment.

Sentence and Observations of Court:

Probation Order 18 months on condition defendant attended Drug and Alcohol Service for 12 months.  Court was prepared to accept that Miah realised that he was at a turning point in his life and that he was now willing to work to overcome his drug addition.

A. Binnington, Esq., Crown Advocate.

Advocate C. Fogarty for the Defendant.

JUDGMENT

 

THE DEPUTY BAILIFF:

1.        You have no real future until you conquer your heroin addiction, if you do not you will be going back into prison at frequent intervals.  You say you realise this now and that this is a turning point and the reports suggest that that may be so.  We hope very much that it is.

2.        In the light of that we think we agree with your counsel that society's best interest would be served if you can conquer your heroin addiction.  We are going to accede to the request having regard to the small amount that you brought in and all the mitigation which appears on the papers before us.  We are going to grant a Probation Order.  We are not going to send you to prison.  We are going to make a Probation Order for 18 months.  We are also going to make it a condition that you attend the Drug and Alcohol Service for 12 months and what that means is that you must attend that Service when they direct you to do so, you must do what they tell you, you must remain abstinent from drugs and you will have to submit to random drug tests.

3.        If you breach any of these conditions, or fail to comply with the requirements of the Drug and Alcohol Service, or if you do not do what the Probation Service tell you, or if you re-offend, then you will be brought back here and you will then be sent to prison almost certainly for the present offence as well as anything else.  This is your chance and we hope very much that you will take advantage of it, but you must realise if you do not, and come back here again then you will no doubt go back to prison.  We order the forfeiture and destruction of the drugs.

Authorities

A.G. -v- Harris [2005]JRC094.

A.G. -v- Davey [2005]JRC125.