Jersey Unreported Judgments

Inferior Number Sentencing Number - drugs- -importation - Class B.

[2016]JRC223A

Royal Court

(Samedi)

2 December 2016

Before     :

T. J. Le Cocq, Esq., Deputy Bailiff, and Jurats Ramsden and Pitman

The Attorney General

-v-

Nicolae Gavan

Sentencing by the Inferior Number of the Royal Court, 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:

On 21^st August, 2016, the defendant, a Romanian national who lives in Northampton, was stopped by customs officers having arrived as a foot passenger in Jersey on the Condor Rapide from St Malo.  The defendant's suitcase was searched and within a white Boots bag two brown tape wrapped packages were found.  When asked what these packages were the defendant initially said they were "presents for friends" and then stated "It's hash".  In interviews the defendant explained that he expected to receive between £3,000 and £5,000 for importing the drugs. 

The packages were found to contain 30 bars of cannabis resin with a combined weight of 2.93kg with a local street value of between £44,000 and £58,000. 

Details of Mitigation:

Guilty plea, cooperation, remorse, previous good character. 

Previous Convictions:

One minor motoring offence. 

Conclusions:

Count 1:

Starting point 3 years' and 6 months' imprisonment.  2 years' imprisonment.

Forfeiture Order sought in respect of the defendant's iPhone. 

Forfeiture and destruction of the drugs sought. 

Recommendation for deportation sought. 

Costs in the sum of £112 sought towards the prosecution. 

Sentence and Observations of Court:

Count 1:

Starting point 3 years' imprisonment.  21 months' imprisonment.

Forfeiture Order made in respect of the defendant's iPhone ordered under Article 2(1) of the Criminal Justice (Forfeiture Orders)(Jersey) Law 2001. 

Forfeiture and destruction of the drugs ordered. 

Recommendation for deportation made. 

No Costs Order made. 

C. R. Baglin, Esq., Crown Advocate.

Advocate M. J. Elkes for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        You are to be sentenced for one count of being knowingly concerned in the fraudulent evasion of the prohibition on the importation of a controlled drug, namely cannabis resin.  You were searched by officers of the Customs and Immigration Department when you arrived as a foot passenger in Jersey on 21^st August, where packages of cannabis resin were found in your possession.  There were about 2.93kg by weight, the wholesale value of between £12,000 and £18, 000 and a street value of between £44,000 and £58,000. 

2.        Your role has been said to be that of a courier and the Crown has proceeded on that basis.  We accept that you were a courier, but you were a courier for financial reward and you were trusted with a very significant amount of the unlawful drug, and you expected to receive a financial reward that was not inconsiderable. 

3.        We note the mitigation that is available to you, your guilty plea which you made at the earliest opportunity, but we also remark, of course, that a substantial amount of cannabis resin was found in your possession.  You were completely cooperative and you have no relevant previous convictions.  We note the letters that you have written and that have been written on your behalf which do indeed speak of a different person than the nature of this offending would suggest to the Court. 

4.        We think that the Crown's assessment of the starting point is somewhat too high and accordingly we apply a starting point of 3 years' imprisonment.  From that and deducting the appropriate amount, in our view, by way of all the available mitigation, you are sentenced to 21 months' imprisonment. 

5.        On the matter of the forfeiture request for the iPhone, we were not addressed by your Counsel on that and we order the forfeiture, we think that is the correct order to make. 

6.        Similarly on the issue of deportation, that equally has not been opposed but we are entirely clear in our own mind that both limbs of the test in the case of Camacho-v-AG [2007] JLR 462 have been met and, accordingly, we recommend your deportation at the end of your sentence. 

7.        We make no order as to costs. 

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

Authorities

Costs in Criminal Cases (Jersey) Law 1961. 

Criminal Justice (Forfeiture Orders)(Jersey) Law 2001. 

Campbell-v-AG [1995] JLR 136. 

Welsh-v-AG [2002 JLR N 16] 

Camacho-v-AG [2007] JLR 462.

AG-v-Ferreira [2015] JRC 213. 

AG-v-Allen [2011] JRC 128. 

Whitehouse-v-AG 2002/134.

Immigration Act 1971.