Jersey Unreported Judgments

[2006]JRC051

ROYAL COURT

(Samedi Division)

31^st March 2006

Before     :

F. C. Hamon Esq., O.B.E., Commissioner, and Jurats de Veulle, and Tibbo.

The Attorney General

-v-

Mokhan Ali

Sentencing by the Inferior Number of the Royal Court, on a 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) Law 1999.

Age:  31.

Plea: Guilty.

Details of Offence:

Defendant imported 12.36 grams of heroin by concealing the drugs internally.  When stopped by Customs Officers off the ferry from Poole, the defendant gave a false name and denied importing anything of a prohibited or restricted nature.  He was taken for x-ray.  When removing his clothes, four packages of heroin were discovered in his underpants.  Defendant gave 'no comment' answers at interview, save that he admitted the drugs were his.  Total weight of heroin 12.36 grams, 54% by weight diamorphine.  English value estimated at £679.

Details of Mitigation:

Defendant a heroin and cocaine addict consuming between 2 to 3 grams a day.  Said he had come to Jersey to detox.  Pleaded guilty at first opportunity.  Previous episodes of self-harm and depression.   Delay in sentencing due to change in both Crown and Defence Counsel.  Defendant was clean of illegal drugs on date of sentencing. 

Previous Convictions:

5 previous convictions composing 10 offences, 4 of which relate to drugs.  In breach of UK bail in connection with further drugs charges.

Conclusions:

Sentencing on the basis of Finnigan i.e. disregarding Rimmer guidelines, starting point of 5 years: sentencing of 3½ years' imprisonment.  Prosecution gave careful consideration to deportation.  However, it was clear that whatever Ali's legal nationality (Bangladeshi) in real terms, his home was London where he had resided since he was 4 and where his three brothers and mother remained.  The effect of a Deportation Order made in Jersey would have been to exclude him from the U.K.  Deportation considered proportionate to the level of offending.

Sentence and Observations of Court:

5 years starting point; 3 years' imprisonment.  Forfeiture and destruction of the drugs.

Mrs S. Sharpe, Crown Advocate.

Advocate R. C. L. Juste for the Defendant.

JUDGMENT

THE commissioner:

1.        I cannot really understand why a man put on bail some ten days previously in the United Kingdom with restrictions as to where he could reside and with a reporting imposition to the police should come to Jersey in order to detox.  But there are encouraging reports that you are making efforts while you are in prison to free yourself from this dreadful habit and the Crown accepts that you are only guilty of importation for personal use and not for commercial use. 

2.        You have spent an unusual time already on remand for reasons that have been given to us.  We are going to allow the time you have already spent in prison and on that basis we are going to sentence you to 3 years' imprisonment which means effectively you will spend approximately one further year in prison. 

3.        We order the forfeiture and destruction of the drugs.

No Authorities