Jersey Unreported Judgments

[2007]JRC018

ROYAL COURT

(Samedi Division)

26^th January 2007

Before     :

Sir Philip Bailhache, Bailiff and Jurats Bullen and Newcombe.

The Attorney General

-v-

Rui Carlos Comes Henriques

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

1 count of:	Being knowingly concerned, with intent to evade the prohibition to import a firearm specified within paragraph 10 (i) Schedule 2 of the Import and Export (Control) (Jersey) Order 1992, contrary to Article 61 (1) (b) of the Customs and Excise (Jersey) Law, 1999.  (Count 1)
1 count of:	Being knowingly concerned with intent to evade the prohibition to import ammunition specified within paragraph 10 (ii) Schedule 2 of the Import and Export (Control) (Jersey) Order, 1992, contrary to Article 61 (1) (b) of the Customs and Excise (Jersey) Law, 1999.  (Count 2)
1 count of:	Possession without authority of the Home Affairs Committee of the States of Jersey, of a weapon designed for inflicting electric shock, contrary to Article 33 (1) (b) of the Firearms (Jersey) Law 2000.  (Count 3).
1 count of:	Possession of a utensil for the purpose of committing an offence against the Misuse of Drugs (Jersey) Law 1978, contrary to Article 10 of the Misuse of Drugs (Jersey) Law 1978.  (Count 4).

Age:  22.

Plea: Guilty.

Details of Offence:

(i)             18^th April 2006, Henriques stopped by customs officers at the Elizabeth Harbour Terminal, St Helier and found in possession of a 9 mm automatic blank firing pistol and 7 rounds of pepper ammunition.  Also in his possession were 37 rounds of blank ammunition and a packet of solid rubber pellets (not the subject of any count).  Henriques had bought the items in France.

(ii)            Search of Henriques' home revealed in a chest of drawers in his bedroom an electric Taser stun gun with batter and a glass bong with cannabis residue.

(iii)           Following his arrest, in interview Henriques admitted:

a.     Buying the pistol in Paris for Euros 130 plus all ammunition, knowing it was an alarm weapon to intimidate people.

b.     Although initially denying use of the pistol, the pistol had been fired using three pepper rounds in his presence and that he knew the pepper caused the throat to itch.

c.     He had bought the Taser stun gun a year earlier in Paris, he knew that it gave out electric shocks capable of causing discomfort and temporary loss of control and that his intention was to use it for defence purpose if attacked.

d.     He had smoked cannabis for the previous 3 - 4 years, spending about £10 a week on the habit and the bong was his.

Details of Mitigation:

22 year old Madeiran National.  Guilty pleas, residual youth.  In Jersey for the past three years employed as a landscape gardener.  Single with no dependants.  Family in Madeira and France.  Probation Service assessment that at low risk of re-offending.  Co-operative in interview.  No evidence weapons used in a public place.  No evidence Henriques' continued presence detrimental to the Island.

Previous Convictions:

None.

Conclusions:

Count 1:	2 years' Probation Order, 120 hours' Community Service Order.
Count 2:	2 years' Probation Order, 90 hours' Community Service Order, concurrent.
Count 3:	90 hours' Community Service Order, consecutive.
Count 4:	£200 fine or 14 days in default.

Total 2 years' Probation Order and 210 hours Community Service Order and £200 fine.

Forfeiture and destruction of all items in the Indictment.

Conflicting versions of facts given by Henriques to Customs, Probation, Drug and Alcohol and the Consultant Psychologist.  Psychologist reported that Henriques mixing in drug circles, of low intelligence and naïve and vulnerable to being used for transportation.  Very close to request immediate custodial sentence.

Sentence and Observations of Court:

Count 1:	6 months' imprisonment.
Count 2:	3 months' imprisonment, concurrent.
Count 3:	3 months' imprisonment, consecutive.
Count 4:	£200 fine or 14 days in default, concurrent.

Total: 9 months' imprisonment.

Forfeiture and destruction of firearms and ammunition.

Recommendation for deportation.

Defendant fallen into social group where there is an extensive use of drugs.  Pistol is of unpleasant appearance and ammunition was imported for it.

The bringing of firearms of this kind into the Island and possession of a stun gun must be met with an immediate custodial sentence.  The Court wishes to send out the clear message that possession of such weapons capable of threatening and intimidating will not be tolerated.

The presence in the Island of those who bring in weapons and who use unlawful drugs and who associate with other such users is not conducive to the public good.  No human rights considerations arise.

B.H. Lacey, Crown Advocate.

Advocate S.E. Fitz for the Defendant.

JUDGMENT

THE BAILIFF:

1.        This defendant is to be sentenced for three offences involving firearms and one offence of possessing a utensil contrary to the Misuse of Drugs Law 1978. 

2.        Henriques was caught importing a 9 mm automatic blank firing pistol designed for the discharge of gas.  It has an unpleasant appearance and is capable of temporarily disabling a person.  He also imported cartridges containing pepper for use with this weapon.  The weapon had been used by the defendant or an associate in France.

3.        Henriques was also found to be in possession, at his home, of an electric stun gun capable of delivering a severe electric shock and similarly causing temporary disablement.  These weapons were said to be in the possession of Henriques so that he could defend himself.  There was no legitimate purpose for the possession of these weapons. 

4.        The defendant has admitted using cannabis and the report of the consultant psychologist indicates that he has fallen into a social group where there is extensive misuse of drugs. 

5.        In mitigation the defendant is of previous good character.  He has pleaded guilty to the indictment and he also has youth on his side, being a young man of 22. 

6.        Counsel has said on his behalf that he is remorseful and now understands the gravity of the offence of unlawfully importing firearms.  We must add that he was drug free when examined by the Drug and Alcohol Service.

7.        The Court on balance, has reached the conclusion, that the offence of bringing into the Island firearms of this kind, and the possession of a stun gun must be met with a custodial sentence.  We wish to send out a clear message that possession of weapons of this kind which can be used for the threatening and intimidation of others will not be tolerated by the Court. 

8.        On Count 1, you are sentenced to 6 months' imprisonment.  On Count 2, to 3 months' imprisonment, concurrent.  On Count 3, to 3 months' imprisonment, consecutive.  On Count 4, to a fine of £200 or 14 days' imprisonment, concurrent, making a total of 9 months' imprisonment.

9.        We turn to the question of deportation.  We have taken into account all the circumstances of the case, including the defendant's previous good character but we do not think that the presence in the Island of people who bring this mind of weapon into Jersey and associate with others who are engaged in the taking of illegal drugs is conducive to the public good.  No human rights considerations arise and we will therefore recommend to the Lieutenant Governor that the defendant be deported from the Island at the conclusion of his sentence.

10.      We also order the forfeiture and destruction of the firearms and ammunition.

Authorities

Misuse of Drugs Law 1978.