Jersey Unreported Judgments

[2007]JRC093

ROYAL COURT

(Samedi Division)

3^rd May 2007

Before     :

F. C. Hamon, Esq., O.B.E., Commissioner, and Jurats Allo, Clapham, Quérée, Newcombe and Liddiard.

The Attorney General

-v-

Nelson Mondim Dos Santos

Sentencing by the Superior Number of the Royal Court following guilty pleas to the following charges:

1 count of:	Supplying a controlled drug, contrary to Article 5(b) of the Misuse of Drugs (Jersey) Law, 1978. (Count 1).
1 count of:	Possession of a controlled drug with intent to supply, contrary to Article 8(2) of the Misuses of Drugs (Jersey) Law, 1978. (Count 2).
1 count of:	Obstruction of a police officer in the exercise of his duty, contrary to Article 19(7)(a) of the Misuse of Drugs (Jersey) Law, 1978. (Count 3).

Age:  24.

Plea: Guilty.

Details of Offence:

The Defendant was walking along La Motte Street with another male when he was stopped by police officers who attempted to detain him for the purpose of a drugs search.  The Defendant attempted to run away, was chased, and in the ensuing struggle, fell to the floor with the police officer.  Defendant threw away a small container which was later retrieved and found to contain 374 milligrams of heroin, 14% by weight diamorphine.  Defendant was also found to have £1,175 in cash in his wallet in blocks of £100.  He was also carrying two mobile telephones.  During interview the Defendant admitted historic dealing of about twenty £50 bags of heroin over the previous eighteen weeks.  He also admitted that the heroin which he attempted to throw away belonged to him.

Details of Mitigation:

Heroin addict who was trafficking heroin to pay his rent, buy food and feed his habit.  In a vicious circle.  Had responded positively at HMP and was drug-free.  Residual youth.  Guilty plea, co-operative with police, in particular wrote his own indictment in respect of Count 1.  Letters to the Court from his mother and sister.  Although at high risk of re-offending, risk would be greatly reduced if defendant remained free from drugs.  Regarding deportation - had lived in the Island since the age of 11.  His mother, sister and brother all resided in the Island.  Had only spent six weeks in the last thirteen years in Madeira.

Previous Convictions:

Three previous convictions for six offences, four of which were drugs offences.

Conclusions:

Count 1:	4 years' imprisonment (starting point 8 years).
Count 2:	2 years' imprisonment, concurrent (starting point 4 years).
Count 3:	2 months' imprisonment, concurrent.

Total: 4 years' imprisonment.

Confiscation Order £1,125.

Forfeiture and destruction of drugs sought.

Deportation Order sought.

Sentence and Observations of Court:

Conclusions granted.

Confiscation Order £1,125 ordered.

Forfeiture and destruction of drugs ordered.

The Court declined to recommend deportation on this occasion.  Jurats were split and Defendant warned he had escaped deportation by one vote.

S. Sharpe, Crown Advocate.

Advocate M. J. Haines for the Defendant.

JUDGMENT

THE COMMISSIONER:

1.        On Tuesday 7^th December two plainclothes Police Officers saw Dos Santos and a Mr. C, who has since been released without charge, walking together in town.  There was a struggle and the defendant threw a tube onto the pavement.  That tube contained 374 milligrams of heroin.  A search of the flat that he shared with Mr. C resulted in drugs paraphernalia being seized.  Dos Santos had £1,125 in cash in his wallet in blocks of £100.  In interview the defendant accepted that he had been in possession of the heroin and he said he had brought 20 bags but had sold 10 at £50 a bag. 

2.        He is assessed as being at a very high risk of re-offending.  He has three previous convictions, all of which involve drugs, and his address contained the drug paraphernalia.  He admits to abusing heroin at the rate of some £350 per week.  He is, from what Advocate Sharpe has told us, a drug dealer and he pleaded guilty to the offences of which he is charged on 19^th January.

3.        The Crown has satisfied us that 8 years is the correct starting point in the supply of 13.838 grams, but Dos Santos did write his own Indictment on the question of supplying heroin, which he has been dealing with for several months.  He wrote, as we have said, his own Indictment on the larger amount, and he has previous drugs offences, for Class B drugs, but he is now of course a drug dealer.  He has residual youth and after he was arrested he pleaded guilty, but he does show, according to the authorities, a high risk of re-offending.  We have read the letters from past employers and his family letters, but we cannot find, apart from writing his own Indictment, much mitigation. 

4.        We are going to sentence you on that basis.  On Count 1, starting point of 8 years; 4 years' imprisonment, Count 2, starting point of 4 years; 2 years' imprisonment, concurrent, and Count 3; 2 months' imprisonment, concurrent. 

5.        We order forfeiture and destruction of the drugs.

6.        As to deportation we have, of course, very carefully read the family letters.  But Mr Dos Santos has had two warnings from the Immigration Department, those were for possession.  He is now a full time drug dealer, and, as I have said before, he is at high risk of re-offending.  We have considered the case of Mendes v AG [2003] JCA 106 but this is a particularly difficult case.  We have to take into consideration the effect that a deportation order would have on innocent persons not before the Court, such as the offender's family, but we must say that his continued presence would certainly be detrimental to the community.  The Jurats are split on the question of deportation and it has been a hairs' breadth decision.  I have to tell you that you have escaped deportation by one vote.  This has to be, and must be, your last chance.  If you commit an offence again, you will be deported.

Authorities

Mendes v AG [2003] JCA 106.