Jersey Unreported Judgments

 2001/94

ROYAL COURT

(Samedi Division)

 

3rd May 2001

 

 

The Attorney General

-v-

Nicola Sarah Lomas

 

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 12th April, 2001, following a guilty plea to the following charges:

 

1 count of:	Being knowingly concerned in the fraudulent evasion of the prohibition on the importation of a controlled drug, contrary to Article 77(b) of the Customs and Excise (General Provisions) (Jersey) Law, 1972. Count 1: Diamorphine
1 count of:	Possession of a controlled drug, with intent to supply, contrary to Article 6(2) of the Misuse of Drugs (Jersey) Law, 1978. Count 2: Diamorphine

 

[ On 4th January 2001, the Crown abandoned prosecution on Count 2.]

 

Age:     25

 

Plea:    Guilty

 

Details of Offence:

27 grams of heroin; Jersey street value £8,000. Internal concealment. Capable of being classified as a commercial quantity, but eventually accepted by the prosecution that this was intended for personal consumption. Long term opiate addict, who had recently won £110,000 and was 'bingeing' on heroin. Arrived in Jersey for a week's holiday; had a return ticket.

 

Details of Mitigation:

Pleaded guilty, although inevitable.  Some degree of youth: background of addiction and social inadequacy. The accused had absconded while on bail and had conceived a child during that period. She was some months pregnant at the time of sentencing. No allowance made by way of mitigation.

 

Previous Convictions:

Lengthy record for dishonesty. No previous drugs convictions, but as a self-confessed addict had ex hypothesi had repeated possession (for consumption) of controlled drugs in the past.

 

Conclusions:

 

Count 1:

4 years imprisonment. (starting point; 6 Years imprisonment)

 

 

Sentence and Observations of Court:

The gravamen of importation for personal use is that by some mischance the drugs will come onto the home market despite the intention of the of the accused at the time of importation.

In this case the short time for which the accused planned to be in Jersey and the fact that she was comfortably in funds reduced that risk somewhat..

Starting point; 5 ½ years. Sentence; 3 ½ years.  

 

 

C.E. Whelan Esq., Crown Advocate.

Advocate C.M. Fogarty for the accused.

 

 

 

JUDGMENT

 

 

THE DEPUTY BAILIFF:

1.        The Crown has withdrawn the count of possession with intent to supply and has proceeded on the basis that the heroin brought into the island by Lomas was for her own personal use.

2.        The Crown advocate has nevertheless submitted that there was a risk that with such a large quantity of heroin some might have been shared or stolen, thus adding to the amount of heroin available in the island.  We think that that is the proper approach and we adopt it.

3.        We think, however, that the appropriate starting point in this case is one of five and a half years imprisonment.

4.        This is an unusual case in the sense that Lomas, having won a large some of money, at bingo, had no need, financially, to sell the heroin. Furthermore, we accept from the reports before us that her addiction was so heavy that the amount involved, twenty eight grams, could have been consumed by her during the planned seven days in Jersey.

5.        We agree with the Crown advocate that the pregnancy, particularly as it began whilst she was unlawfully at large, having absconded after compassionate bail had been granted, is not a mitigating factor. If anything, it is an aggravating feature of this case.

6.        We think that the deductions allowed by the Crown advocate for the mitigating factors are right and proper and the sentence of the court, accordingly, is that you will be sentenced, Miss Lomas, to three and a half years imprisonment and we furthermore order the forfeiture and destruction of the drugs.

 

Authorities

AG-v-de Lima. (30th June 2000) Jersey Unreported; [2000/122]

AG-v-de Sousa (2nd June 1997) Jersey Unreported; [1997/101]

AG-v-Price, Bass (25th May 2000) Jersey Unreported; [2000/88]

AG-v-Présumé (1st November 2000) Jersey Unreported; [2000/213]

Gregory-v-AG (15th January 1997) Jersey Unreported CofA; [1997/4]

Campbell, MacKenzie and Malloy-v-AG (1995) JLR 136 CofA.

Humberto Ribas (9th February 1976) Court of Criminal Appeal 147