Jersey Unreported Judgments

[2011]JRC197

Royal Court

(Samedi)

5 October 2011

Before     :

W. J. Bailhache, Q.C., Deputy Bailiff, and Jurats Le Breton, Clapham, Le Cornu, Marett-Crosby, Nicolle and Le Brocq.

The Attorney General

-v-

David John Dobson

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 15^th July, 2011, 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:  53.

Plea: Guilty.

Details of Offence:

On 28^th April, 2011, the defendant arrived at Jersey Airport on a flight from Exeter.  He was stopped by customs officers and stated that he had travelled to Jersey to work.  He denied that he had anything to declare but a subsequent search of his baggage revealed five packages concealed in socks inside shoes.  On discovery of the first package the defendant stated that it contained heroin.  However, the packages were later discovered to contain cocaine weighing a total of 97.66 grams with a purity of between 5-6%.  It was estimated that the drugs would have had a wholesale value of £5,250 and a street level value of £7,760.  A further package was found containing 96 self seal bags which are commonly used as "deal" bags. 

Details of Mitigation:

Guilty plea; remorse; no previous for drug offences; letters before the Court. 

Previous Convictions:

Nineteen convictions, predominantly of a violent nature.  No previous convictions in relation to drugs. 

Conclusions:

Count 1:

5½ years' imprisonment.

Forfeiture and destruction of drugs sought. 

Sentence and Observations of Court:

The Court noted that the low purity of the drugs was a minor point and that a starting point of 10 years was appropriate given the role played by the defendant. 

Conclusions granted. 

C. M. M. Yates, Esq., Crown Advocate.

Advocate J. W. R. Bell for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        Mr Dobson, you arrived at Jersey Airport on 28^th April, carrying a large blue holdall, a computer satchel and a clear duty free bag containing tobacco.  You were asked if you had anything to declare, including controlled drugs, and you said "no".  Inside the bag were, however, some controlled drugs, 97.66 grams of cocaine at between 5% and 6% purity.  In addition there was a self seal clear plastic bag which contained a further 96 clear self seal plastic bags.  It seems pretty apparent from that, that the drugs were ready to be divided up and sold. 

2.        The Court's sentencing policy in relation to drug trafficking offences is well settled and these were Class A drugs.  We follow the approach which has been set out in Rimmer Lusk and Bade-v-AG [2001] JLR 373.  It has been suggested that because of the relatively low street value of cocaine as opposed to heroin, we ought to reduce the starting point but it is clear from the case of Rimmer that street value is just one factor and a relatively minor factor to be taken into account.  We have to have regard to your role in drug trafficking and, as I say, we have had regard to the fact that you not only brought the drugs in yourself, but you had with you the self seal bags in order that they could be divided up.  In the circumstances the Court thinks that a starting point of 10 years' imprisonment is correct. 

3.        We have then looked to see what mitigation is available to you; we have given you credit for your guilty plea and the fact that you entered that plea very early.  We have noted the remorse which you have expressed and noted that you have no previous convictions for drugs offences; also the other matters raised by your counsel and indeed having regard to all the information which is before the Court. 

4.        Nonetheless, we consider the conclusions of the Crown to be right and you are therefore sentenced to 5½ years' imprisonment. 

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

Authorities

Rimmer Lusk and Bade-v-AG [2001] JLR 373.