Jersey Unreported Judgments

[2005]JRC068

ROYAL COURT

(Samedi Division)

23^rd May, 2005

The Attorney General

-v-

Archibald Alan Grocutt

Sentencing by the Superior Number of the Royal Court, on guilty plea to:

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) 1999. Count 1: diamorphine.

Age:     53.

Details of Offence:

On 26^th February 2005, Grocutt, travelling with his girlfriend, arrived at Jersey airport on flight BA233 from Southampton.  He was stopped by Customs Officers and, after initial questioning, was asked to provide consent to a search of his person, which he duly did.  Grocutt was searched, but nothing of a prohibitive nature was discovered, however, during the search the Officers observed that Grocutt appeared to be nervous and was apparently shaking.  Following the search, Grocutt provided a urine sample which was tested and shown to contain opiates.  Grocutt was advised that the Officers believed that he was carrying the drugs internally, which he denied.  Grocutt consented to an x-ray of his lower abdomen being carried out; he was then arrested.  The Officers accompanied Grocutt to the General Hospital where an x-ray showed that there were two foreign objects in his lower abdomen.  When shown the x-ray, Grocutt admitted to one of the Officers that he did have two packages concealed internally and that they contained "smack".  Grocutt was transferred to the Elizabeth Terminal Customs Custody Suite and shortly afterwards passed a bowel movement in the Drugs Recovery toilet.  The movement was found to contain two cellophane wrapped packages containing brown powder.  A sample of this brown powder was extracted and subjected to a field test which gave a positive reaction to the heroin test.

During interview Grocutt admitted attempting to import heroin and stated that he would have received a payment of £500 upon delivering the drugs to the Jersey contact.  Grocutt stated that he was a heavy drinker and sometime before his trip to Jersey to visit relatives and whilst he was inebriated he was approached by an unnamed man and asked to bring drugs to the Island on his trip.  Although Grocutt regretted agreeing to transport the drugs to Jersey when he was sober, he states that he felt obliged to stand by his initial agreement.

In all, a total of 80.81 grams of brown powder were recovered and, following an examination by the Official Analyst, the powder was found to consist of heroin, containing on average 36% by weight of Diamorphine.  The Police expert in this matter stated that the local street price of the amount of heroin seized would be between £24, 054 and £36,080.

Details of Mitigation:

Grocutt is 53 years of age and a native of Scotland.  Grocutt had a good work record up until 1994 when he was made redundant, apparently as a consequence of his being unable to work, due to his suffering from severe arthritis.  Since 1994 he has been on long term invalidity benefit.  By way of mitigation it was accepted that a guilty had been entered at the earliest opportunity and had been maintained throughout.  Although a guilty plea was all but inevitable, the Court was invited to give Grocutt reasonable credit for choosing not to proceed to trial which was his right.  Grocutt was described as a family man; he was remorseful that he had let his family down and accepted that he would have to face the consequences.  

Previous Convictions:

On 21^st May 2001 Grocutt was sentenced to 4 years imprisonment on two counts of being in possession of a controlled drug, or substance thought to be a drug, with intention to supply and supplying a controlled drug (Scottish law).

Conclusions:

Count 1:

7 years' imprisonment.  (Starting point:  10 years).

A Confiscation Order in the amount of £12,026 (being the minimum wholesale value of the drugs recovered) was also requested.

Sentence and Observations of Court:

Count 1:

7 years' imprisonment.  (Starting point:  10 years).

The Court accepted that 10 years imprisonment was the appropriate starting point for the amount of drugs involved.  The fact that Grocutt was unwilling to name either the source of the drugs in Scotland, or the contact in Jersey, would go against him and therefore allowed 3 years mitigation they had heard and granted the Crown's conclusions of 7 years' imprisonment.

A nominal Confiscation Order was made, as requested.

The forfeiture and destruction of the drugs was also ordered.

A. Binnington, Esq., Crown Advocate.

Advocate J. Bell for the Defendant.

JUDGMENT

THE BAILIFF:

1.        This defendant has pleaded guilty to being knowingly concerned in the fraudulent evasion of the prohibition on the importation of heroin.  He brought the drug into Jersey concealed internally.  The heroin weighed some 80 grams and had a street value of between £24,000 and £36,000.

2.        Grocutt stated that he was due to receive a payment of £500 as a consideration for importing the drug.  He was not prepared to assist the authorities either by revealing his supplier or the identity of the intended recipients.

3.        Applying the guideline case of Rimmer -v- AG [2001]JLR373 we agree with the Crown Advocate that the appropriate starting point in this case is one of 10 years' imprisonment.  We have considered all the matters urged upon us by defence counsel, having taken all those matters into consideration we think that the allowance of 3 years for the mitigating factors made by the Crown Advocate is entirely appropriate and correct.

4.        The sentence of the Court is that you will go to prison for 7 years and we order the forfeiture and destruction of the drugs.

Authorities

Campbell & Ors -v- A.G. [1995]JLR 136.

Rimmer & Ors -v- A.G. [2001]JLR 373.