Jersey Unreported Judgments

[2008]JRC109

ROYAL COURT

(Samedi Division)

4^th July 2008

Before     :

F.C. Hamon, Esq., O.B.E., Commissioner, and Jurats Le Brocq and Newcombe.

The Attorney General

-v-

Jose Avelino Abreu Rodrigues

Joao Fabio Viveiros

Sentencing by the Inferior Number of the Royal Court, on the following charges:

Jose Avelino Abreu Rodrigues

1 count of:	Possession of a controlled drug, contrary to Article 8(1) 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 Misuse of Drugs (Jersey) Law 1978.  (Count 2).
1 count of:	Supplying a controlled drug, contrary to Article 5(b) of the Misuse of Drugs (Jersey) Law 1978.  (Count 3).

Age:  33.

Plea: Guilty (Counts 2 and 3).  Not guilty (Count 1) - falls away.

Details of Offence:

On 22^nd January, 2008, during a search of the Defendant's home address, Officers found a plastic wrap containing 19 individual deal bags of heroin.  A further plastic wrap was found in a wastepaper bin.  The total weight of the drugs recovered was just over 1 gram, and comprised heroin containing 51% by weight diamorphine.

Also found was a carrier bag that had been cut up into pieces.  The cutting was consistent with it having been used to make wraps of heroin.  Cash in the sum of £250 was also seized.

During interview, Viveiros admitted possession of the heroin jointly with Rodrigues, stating that it was for their own use only.  He initially denied intent to supply but later admitted that he and Rodrigues were actually intending to sell the 19 wraps and that they had been involved in supplying heroin since the end of November 2007.  He stated that they had only begun to sell heroin to support their own addictions.

Viveiros also admitted supplying 1 bag the night before their arrest, and previous supply totalling just over 2 grams of heroin (or 41 "50" bags), with a street value of £2,050.

During interview Rodrigues initially admitted possessing the heroin jointly with Viveiros, although he maintained that it was for personal use only and denied either intending to supply it, or having supplied any heroin previously.

Having been made aware of the admissions by Viveiros, Rodrigues subsequently conceded that he and Viveiros had been involved in a joint venture to supply heroin and confirmed what Viveiros had said.

Details of Mitigation:

Guilty pleas, wrote own indictment in relation to Count 3 and references.

Previous Convictions:

1 previous conviction for an offence against the person.

Conclusions:

Count 2:	3 years' imprisonment.
Count 3:	3 years' imprisonment, concurrent.

Total: 3 years' imprisonment.

Confiscation order of £125 sought.

Forfeiture and destruction of drugs sought.

Sentence and Observations of Court:

Count 2:	2 years' imprisonment.
Count 3:	2 years' imprisonment, concurrent.

Total: 2 years' imprisonment.

Confiscation order of £125 ordered.

Forfeiture and destruction of drugs ordered.

Joao Fabio Viveiros

1 count of:	Possession of a controlled drug, contrary to Article 8(1) 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 Misuse of Drugs (Jersey) Law 1978.  (Count 2).
1 count of:	Supplying a controlled drug, contrary to Article 5(b) of the Misuse of Drugs (Jersey) Law 1978.  (Count 3).

Age:  21.

Plea: Guilty (Counts 2 and 3).  Not guilty (Count 1) - falls away.

Details of Offence:

See Rodrigues above.

Details of Mitigation:

Guilty pleas, youth and wrote own indictment in relation to Count 3.

Previous Convictions:

No previous convictions.

Conclusions:

Count 2:	18 month' imprisonment.
Count 3:	18 months' imprisonment, concurrent.

Total: 18 months' imprisonment.

Confiscation order of £125 sought.

Forfeiture and destruction of drugs sought.

Recommendation for deportation sought.

Sentence and Observations of Court:

Count 2:	12 months' imprisonment.
Count 3:	12 months' imprisonment, concurrent.

Total: 12 months' imprisonment.

Confiscation order of £125 ordered.

Forfeiture and destruction of drugs ordered.

No recommendation for deportation made.

C. M. M. Yates, Esq., Crown Advocate.

Advocate D. J. Hopwood for Rodrigues.

Advocate J. M. Grace for Viveiros.

JUDGMENT

THE commissioner:

1.        Rodrigues and Viveiros are respectively 33 and 21 years old.  A drugs search on the 22^nd January, 2008, brought forth 19 bags of heroin and a further wrap was found in a waste paper bin.  Cash of £250 was also found in a Filofax belonging to Rodrigues.  Both were arrested and taken into custody.  They lived together in their flat. 

2.        They did write their own indictment and said that they had been selling drugs in order to allow them to keep some to feed their own habits.  They had, according to Defence counsel, supplied only to known heroin addicts.  They had, apparently, been doing this for 2 months. 

3.        Rodrigues has a previous conviction for grave and criminal assault, for which, on a split decision, he received community service.  Viveiros has no previous convictions.

4.        We have applied the Rimmer guidelines which establish a starting point before mitigation of 7-9 years in case of commercial trafficking involving 1-10 grams of heroin. 

5.        Viveiros was a rent boy in Madeira and was a heroin addict there.  He was brought to Jersey by Rodrigues in an attempt to save him.  As Defence counsel have said, there was nothing found in the flat by way of lists or drug paraphernalia.  Both men have had ruinous upbringings in Madeira and both are prepared for a custodial sentence.  Both have shown remorse and we have read some excellent testimonials and letters that each has personally written.  We cannot ignore the dreadful crime that each one has committed.  Drug dealing is a particularly unpleasant occupation and only in the widest sense have they named their drug dealers.  There was nothing for the drugs squad police to work on.

6.        Rodrigues you are going to be sentenced to 2 years' imprisonment, to include the time already spent in custody.  Viveiros you are going to be sentenced to 1 year's imprisonment, again to include the time already spent in custody.

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

8.        We also make the confiscation order.

9.        We are impressed by the way that you have taken professional advice whilst on remand in prison.  The Crown Advocate has not asked for a deportation order for Rodrigues and we agree with that.  We can see nothing in Madeira for Viveiros and we will therefore not make a deportation order for him.  I have to say this, any further offence must lead to a deportation order.

Authorities

Rimmer, Lusk and Bade [2001] JLR 373.