Jersey Unreported Judgments

[2009]JRC061

ROYAL COURT

(Samedi Division)

6^th April 2009

Before     :

F. C. Hamon, Esq., O.B.E., Commissioner and Jurats Tibbo, Le Breton, Clapham, King and Liddiard.

The Attorney General

-v-

Alexander James Leonard De La Haye

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 6^th June, 2009, following a guilty plea to the following charge:

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) Law 1999.  (Count 1).

Age:  29.

Plea: Guilty.

Details of Offence:

De La Haye was offered £2,000 to travel to Granville in a private boat and collect a quantity of cannabis.  He arrived at La Rocque Harbour and was arrested by Customs Officers at the top of the steps.  He threw the rucksack, containing 10.1 kilos of cannabis onto the beach below.  The drugs were wrapped in cellophane and had been weighed with the packaging on.  There were 50 bars of cannabis however and the Crown and Defence agreed that he should be sentenced on the basis that the cannabis weighed 10 kilos.  He was also sentenced on the basis that he was a courier.

Details of Mitigation:

De La Haye owed his mother a considerable amount of money and was under pressure to repay it.  He was also depressed as a result of a near-drowning incident in which he had almost died.  Also, a close friend had died suddenly.  Those factors combined to lead to his lack of judgment in committing the offences.

Previous Convictions:

2 convictions for possession of drugs.

Conclusions:

Count 1:

6 years starting point.  3 years' and 6 months' imprisonment.

Forfeiture and destruction of drugs sought.

Sentence and Observations of Court:

Count 1:

5 years starting point.  3 years' imprisonment.

Forfeiture and destruction of drugs made.

R. C. L. Morley-Kirk, Crown Advocate.

Advocate I. C. Jones for the Defendant.

JUDGMENT

THE commissioner:

1.        This case deals with the importation of some 10 kilograms of cannabis with a street value of £57,000.  De La Haye, with another man was charged with having on the 10^th October, 2008, brought this cannabis by boat from Granville into La Rocque harbour.  It appears that he was offered £2,000 by an individual to collect the drugs from Granville. 

2.        He is 29 years old and although he has two previous convictions for being in the possession of controlled drugs in 2000 and 2002 it appears that only a fine was levied in each case.  He was in financial difficulties and was obviously targeted by the dealer for that reason.  He has shown remorse and regret over his involvement and has been assessed as being at a low risk of re-offending.  He entered a plea of guilty at the very earliest opportunity but he was caught with the drugs on his boat and therefore a full one-third remission is not entirely warranted.

3.        This Court has had regard to Campbell, Molloy and Mackenzie-v-AG [1995] JLR 136 where the Court of Appeal gave guidance of 2 to 6 years for an amount of 1 to 10 kilograms.  The Crown has taken the view that 6 years sentence of imprisonment would be appropriate.  He did exonerate his companion on the boat and that deserves credit and we have reduced the starting point.  Unusually we have some ten letters of support and he has written a very strong letter himself.  We have been impressed by all that Advocate Jones has said in mitigation but we have to have regard to a deterrent despite the reasons of the new Criminal Justice (Community Service Orders)(Amendment)(Jersey) Law 2008 which Advocate Jones put to us.  There can only be a prison sentence in view of this and this Court has no option in that regard.  His personal problems have been very great.

4.        You were born in Jersey and you know the problems that drugs can bring to the Island.  You will serve 3 years' imprisonment.

5.        We order the forfeiture and destruction of the drugs.

Authorities

Campbell, Molloy and Mackenzie-v-AG [1995] JLR 136.

Criminal Justice (Community Service Orders)(Amendment)(Jersey) Law 2008.