Jersey Unreported Judgments

 [2003]JRC068

ROYAL COURT

(Samedi Division)

 

7^th April 2003

 

The Attorney General

-v-

Matthew Charles Harris

 

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 28th February, 2003, following a guilty plea entered on 3^rd January 2003 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 61(2)(b) of the Customs and Excise (Jersey) Law 1999: Count 3: diamorphine.

 

[On 28^th February 2003, the Crown abandoned the prosecution against a co-accused who had been charged with counts 1 and 2 of the indictment.]

 

Age:     22

 

Details of Offence:

Harris and a companion were travelling from Gatwick to Jersey.  An envelope was posted from Gatwick to "Mr. J. Harrison" at Harris's address.  It was intercepted and found to contain magazines with heroin hidden behind free gifts. A substitute package was delivered to Harris's home address and taken in by Harris's brother.  Harris, his brother and his companion were all arrested.  He denied involvement.  Handwriting tests linked Harris with the address on the packet.  The companion's fingerprints were found on the magazines.  Both were indicted.  Harris made a statement to say the companion was not involved and the prosecution against the companion was abandoned.  The drugs totalled 45.52 grams, sufficient to provide approximately 900 to 1,300 doses of heroin.

 

Details of Mitigation:

Guilty plea.  Heroin addict since 15 or 16.  Approximately £13,000 drugs debt.  Threats to parents.  Told to import to clear debt.  No evidence that Harris at top end of the chain. Age only 22.  Guilty plea at indictment stage.  Evidence not overwhelming.  Could have invented innocent explanation and blamed companion.  Instead gave statement exculpating companion.  Convictions include 8 drug offences but 6 for small personal amounts, one for obstruction.  One for supply was one-eighth ounce cannabis.  Support from parents.  Addiction has blighted youth and prevented him from working.  Has made efforts to conquer addiction. 

 

Previous Convictions:

In addition to eight for drug offences, various convictions for assault, attempted robbery, larceny, receiving stolen goods, breaking and entry, miscellaneous motoring offences.

 

Conclusions:

Five years' imprisonment, forfeiture and destruction of the drugs; nominal confiscation order.

 

Sentence and Observations of Court:

4 years' imprisonment; forfeiture and destruction of the drugs; confiscation in nominal amount.

 

The Solicitor General.

Advocate R. Juste for the accused.

 

 

 

JUDGMENT

 

 

THE commissioner:

1.        Harris and a friend travelled to Gatwick in August of last year.  Cash was paid at Gatwick for the return flight - some £319 - and they then went to the Post Office to send a special delivery packet to an address in Jersey.  The envelope was found three days later at Postal Headquarters and the packet was opened.  There were four magazines, each of which contained heroin concealed within it.  The total quantity of the heroin had a maximum street value of £20,483 or a wholesale value of between £6,827 and £9,104.  A substitute package was put together and the police saw Harris's brother take delivery of the package at the family home.  When drug squad officers arrived some five minutes later, a search of the premises was made; Harris was there with his brother.  A package was discovered under a mat in the bathroom and in the bath. An explanation was given for the positioning of the packet in the bath.

2.        Forensic tests were carried out.  It is stated that it was most probable that Harris wrote the address on the package but the handprints on the magazine were those of Harris' friend, Hartley, who is not involved in this prosecution.  Harris later admitted that he was a heroin user and he pointed out a clean needle and spoon behind his bedside table.  As the learned Solicitor has pointed out, 45.52 grams would provide 500 to 1,300 doses of heroin. 

3.        We have looked at the case of Rimmer and ors -v- AG [2001] JLR 373, and for 20-50 grams we would have a starting point of between 8 and 10 years.  I have to say that the Jurats are not unanimous on the starting point and we have spent considerable time on this matter.  The Jurats, by majority, would start at a period of 8 years.  I have to say that this was a very large importation and it was premeditated and clearly involved careful planning.  Advocate Juste has pointed out that Harris' family were threatened and he was acting as a courier or mule in that context.

4.        In mitigation, powerfully argued by Advocate Juste, we have his age - he was only 22 in February.  Harris did plead guilty at the indictment stage and although his record is not good he has been a heroin abuser since he was 15.  He realises that he faces a prison sentence but Advocate Juste asks us to give him some indication of 'light at the end of the tunnel' particularly because of his youth and it is because of his youth that we are going to follow Advocate Juste's argument and we are going to sentence you to four years' imprisonment and we order the forfeiture and destruction of the drugs.

Authorities

Whelan: Aspects of Sentencing in the Superior Courts of Jersey (2^nd Ed'n): pp. 19-21.

AG -v- Conquer (10^th January 2002) Jersey Unreported; [2002/3]

AG -v- Whitehouse (28^th February 2002) Jersey Unreported; [2002/50]

AG -v- Selway (10^th October 2002) Jersey Unreported; [2002/187]

AG -v- Stammers (4^th November 2002) Jersey Unreported; [2002/212]

Rimmer and ors -v- AG [2001] JLR 373.