Jersey Unreported Judgments

Superior Number Sentencing - drugs - Class A

[2021]JRC119

Royal Court

(Samedi)

22 April 2021

Before     :

R. M. MacRae, Esq., Deputy Bailiff, and Jurats Olsen, Thomas and Dulake

The Attorney General

-v-

Nico Francis Destro

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 26^th February, 2021, following a guilty plea to the following charges:

1 count of:	Possession of a controlled drug with intent to supply, contrary to Article 8(2) of the Misuse of Drugs (Jersey), Law, 1978 (Count 1).
2 counts of:	Being concerned in the supplying of, or in the making of an offer to supply, a controlled drug, contrary to Article 5(c) of the Misuse of Drugs (Jersey), Law, 1978 (Count 2 and Count 3).

Age:  21. 

Plea: Guilty. 

Details of Offence:

In November 2020, during a separate drugs investigation, officers found messages from the defendant on a suspect's mobile telephone.  The messages showed that the suspect owed a significant drug debt to the defendant.

 

On Friday 18^th December 2020, the police searched the defendant's flat and found four wraps of cocaine in a green shoebox on the top shelf of a wardrobe.  The defendant was arrested.  The wraps contained a total of 97.5 grams of cocaine with a purity of 40%.

 

Officers also seized two sets of digital scales, a metal tin with remains of herbal cannabis, plastic snap-seal bags, approximately £300 in cash, cannabis inhalers, and the defendant's mobile telephone.

 

The defendant made admissions upon arrest.

 

The defendant's mobile telephone was examined and lists showing individuals who the defendant had supplied with cannabis and cannabis resin were found, and the amount they owed the defendant.   The individuals included a 16 year old boy.

 

The defendant in interview said he was holding the cocaine for an unnamed party and he was 'drip feeding' it to this person as and when he was required to do so.  He did this to pay off a drug debt.  The defendant also said the unnamed party had supplied him with 500 grams of herbal cannabis and 200 grams of cannabis resin which he had supplied to street dealers and street users.  The defendant was sentenced on this basis.

 

A drug expert opined that the total street value of the cocaine, weighing 97.5 grams, was £9,700 to £19,400.  The overall street value of the cannabis was £20,000 - £27,000.

Details of Mitigation:

Youth, guilty plea, cooperation with police, positive references. 

Previous Convictions:

Convicted of four offences, including two convictions for possession of cannabis. 

Conclusions:

Count 1:	Starting point 10 years' imprisonment.  6 years and 6 months' imprisonment.
Count 2:	6 months' imprisonment, concurrent.
Count 3:	2 months' imprisonment, concurrent.

Total:  6 years and 6 months' imprisonment. 

Declaration of Benefit sought in the sum of £20,800.

Confiscation Order sought in the sum of £300.

An order for the forfeiture and destruction of the drugs and drug paraphernalia was sought.

Sentence and Observations of Court:

Count 1:	Starting point 11 years' imprisonment.  6 years' imprisonment.
Count 2:	12 months' imprisonment, concurrent.
Coount 3:	12 months' imprisonment, concurrent.

Total:  6 years' imprisonment. 

Declaration of Benefit ordered in the sum of £20,800.

Confiscation Order made in the sum of £300.

Forfeiture and destruction of the drugs and drug paraphernalia ordered. 

 

Ms L. B. Hallam, Crown Advocate.

Advocate L. Sette for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        Nico Destro you are 21 years old and have pleaded guilty to three offences involving dealing in controlled drugs.  In November 2020 the police found, in another investigation, messages on the telephone of a suspect showing that he owed you money for drugs.  This caused the police to search your flat on 18^th December 2020.  There they found cocaine weighing 97.5 grams with a purity of 40% and a street value of between £9,700 and £19,400. 

2.        They also found paraphernalia connected to drug dealing - digital scales, plastic snap-seal bags, cash and the remains of herbal cannabis.  You volunteered at the scene that a friend owed you £6,000 from 200 grams of cannabis that you sold him in the autumn of  2020.  That person you were supplying was just 16 years old.  You said that the cash recovered from behind your bed, a total of £300, was part of the drugs debt that you owed to your supplier, whom you would not name.  Examination of your mobile phone revealed that you had supplied cannabis to a number of individuals and were owed over £15,000 by those people.  The police have calculated that the overall street value of the cannabis that you supplied in the months prior to your arrest was between £20,000 and £27,000. 

3.        You were interviewed on 18^th December, 2020, and you claimed that you were minding the cocaine for someone else in order to reduce the drugs debt that you owed to that person who you refused to name.

4.        You use cocaine and cannabis yourself and you had first incurred your drug debt to your dealer when you were supplied with cannabis.  On top of being owed substantial amounts of money by people you had sold cannabis to, you in turn claimed to have owed your dealer between £15,000 and £16,000. 

5.        The Social Enquiry Report reveals an unfortunate picture of a young man who tried a few jobs that you did not much like and then decided to embark on a career selling cannabis instead, which you said you were "doing really well at". 

6.        You should understand that a career selling drugs, including to children, is not a career at all, but a way of damaging the community in which you live. 

7.        You have previous convictions, and when you were 17 years old you were convicted of affray and resisting arrest.  The records show that you kicked your victim in the head whilst lying on the ground and punched him in the face.  For that you were subject to Community Service and Probation Order which you breached by offences of possession of cannabis.  You did in fact complete the order in the end and the probation records describe you as being polite and cooperative.  

8.        The risk of your re-offending is assessed as high in the view of the Probation Officer.  As to the people who owed you money for drugs, when the Probation Officer asked you what was going to happen to people who had not paid you, you failed to provide a reply.  Since you were remanded in custody you have had no access to controlled drugs and you say that you have now had the opportunity to think about what you wish to achieve in the future. 

9.        We agree with the Crown that a warehouseman or minder plays a fundamental part in ensuring that dangerous drugs reached their intended market on the streets.  Minding drugs provides a safe haven for drug dealers and ensures that the risk of their detection is minimised.  In this case, in any event, you agreed that you would supply the drugs back to your main dealer when required and you minding these drugs was simply a part of the transaction you had with someone slightly higher up in the chain of supply than you.  We disagree with the Crown's assessment of the 10 year starting point for the offence at Count 1 of possession of cocaine with intent to supply and we fix a starting point of 11 years, having regard to the quantity of cocaine in this case. 

10.      We give you credit for your guilty plea, your cooperation with the police, and we do reduce the Crown's conclusions as sought by your counsel in order to reflect these matters as well as your age and the references we have read from your parents.

11.      But you have committed serious offences and it is a great pity that someone of your age has effectively decided to make a living out of dealing in drugs and looking after a dangerous Class A drug for others.  These offences are plainly so serious that only a substantial custodial sentence can be warranted. 

12.      In relation to Count 1 the sentence is 6 years' imprisonment.  In relation to Counts 2 and 3 we felt that the Crown's conclusions were significantly too low, but nonetheless we impose concurrent sentences in respect of those counts, having regard to the principle of totality.  On Count 2 the sentence of imprisonment is 12 months' imprisonment, concurrent.  Count 3, 12 months' imprisonment, concurrent, making a total of 6 years' imprisonment. 

13.      We certify the benefit and make the confiscation orders in the sums sought by the Crown. 

14.      We order that the drugs and associated paraphernalia be forfeit and destroyed. 

15.      We encourage you to take advantage of all the courses available to you whilst you are in prison and we earnestly hope that when you are released you will put this offending behind you and you become a hard working member of our community, following the example of your parents and we hope becoming a credit to them. 

Authorities

Campbell v AG [1995] JLR 136

Rimmer v AG [2001] JLR 373

AG v Vipond [2004] JRC 029

AG v Munks [2017] JRC 170