Jersey Unreported Judgments

[2005]JRC180

ROYAL COURT

(Samedi Division)

19^th December 2005

Before     :

Sir Philip Bailhache, Bailiff, and Jurats de Veulle, Bullen, Le Breton, King, Le Cornu and Morgan.

The Attorney General

-v-

Paulo Jorge Da Silva Sousa

Sentencing by the Superior Number of the Royal Court, on a 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 61(2)(b) of the Customs and Excise (Jersey) 1999.

Age:  23.

Plea: Guilty.

Details of Offence:

Travelled to Jersey on ferry from Poole having concealed 191 grams of heroin in his rectum.  Given drugs by man whom he met in London.  Was to have been paid £5,000 for the trip.  Admitted concealment to Customs officers during initial questioning at Elizabeth Terminal.

Details of Mitigation:

First offender; no previous convictions, gave assistance to Customs officers regarding identity of supplier and this in open court.

Previous Convictions:

None

Conclusions:

Count 1:

7 years' imprisonment.  (Starting point:  11½  years).

Deportation at end of prison service.

Sentence and Observations of Court:

 

Count 1:

3½ years' imprisonment.  (Starting point:  7 years).

Deportation at the end of term.

R. Morris, Esq., Crown Advocate.

Advocate P. Landick for the Defendant.

JUDGMENT

 

THE BAILIFF:

1.        Sousa has pleaded guilty to the importation of 191 grams of heroin valued at between £50,000 and £90,000.  He knew what he was doing and expected to receive a fee of £5,000 for the job.  There is no suggestion that he was involved in the distribution.  He is the classic 'mule'. 

2.        Nonetheless, he was prepared to play a part in bringing to the Island a drug which wrecks lives and is a menace to this society.  He was prepared to do this because he thought he would earn good money.

3.        In mitigation he has no previous convictions, and is a young man of 23.  A reference has been placed before us, signed by a number of friends and relatives testifying to the fact that he was previously regarded as an honest and reliable young man.

4.        He has pleaded guilty to the indictment and he has co-operated with the police and customs service.  The Crown Advocate has taken a starting point, applying the guidelines in Rimmer Lusk & Bade -v- AG, of 11 ½ years' imprisonment. 

5.        There is an unusual facet to this case in that the defendant has authorised his counsel to reveal the fact that he has co-operated in open court.  The open disclosure of such co-operation is a significant mitigating factor.  It is in the public interest that criminals should be encouraged to inform on each other.  This Court has made it clear in previous cases that it will give substantial discounts on what would otherwise have been the proper sentence, to reward the giving of such information.  Taking all this into account we propose to reduce substantially the conclusions of the Crown, notwithstanding the generous discounts already allowed.

6.        Sousa, you behaved foolishly, but also criminally, and we must punish you for the crime that you have committed.  The sentence of the Court is that you will go to prison for 3½ years, and at the conclusion of the sentence we will recommend to the Lieutenant Governor that you be deported from the Island to Portugal.  We order the forfeiture and destruction of the drugs.

Authorities

Rimmer Lusk & Bade -v- AG  [2003]JLR373.