Jersey Unreported Judgments

Superior Number Sentencing - drugs - importation - Class A

[2017]JRC129

Royal Court

(Samedi)

14 August 2017

Before     :

T. J. Le Cocq, Esq., Deputy Bailiff, and Jurats Nicolle, Blampied, Grime, Ramsden, Sparrow, and Ronge.

The Attorney General

-v-

Jose Manuel Ferraz Figueira

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 8^th June, 2017, following a guilty plea to the following charge:

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 1).

Age:  45.

Plea: Guilty

Details of Offence:

The defendant was stopped as he disembarked the Condor Rapide as a foot passenger from St Malo.  He said that he was in the Island for three days, had no return ticket booked and had only £20 and 15 Euros on him. 

After x-rays showed auspicious packages concealed internally he admitted he had three packages of heroin concealed internally.  The next day he produced five plastic wrapped packages containing 41.51 grams of heroin at 9% purity.  The street value of the heroin was £41,500. 

The defendant gave several accounts in relation to the importation of the heroin, to the Police, the Crown and Probation.  He entered a basis of plea on Indictment that he had imported the heroin for personal use.  This was rejected as expert reports suggested that the maximum daily use of heroin for a heavy user would be two grams, and using 41.51 grams over three days was unrealistic.  The defendant provided a second basis of plea stating that he would have supplied about 30 grams of the heroin to friends and would have consumed the other 10 grams himself.  The Crown proceeded to sentence without a further hearing as the offered basis made no difference to sentence. 

Details of Mitigation:

Guilty plea and remorse. 

Previous Convictions:

No local convictions but has five convictions in Madeira which include a drug trafficking offence committed in 2005. 

Conclusions:

Count 1:

Starting point 9 years' imprisonment.  6 years' imprisonment.

Recommendation for deportation sought.

Forfeiture and destruction of the drugs sought.

Sentence and Observations of Court:

Count 1:

Starting point 9 years' imprisonment.  6 years' imprisonment.

Recommendation for deportation made.

Forfeiture and destruction of the drugs ordered.

R. C. P. Pedley, Esq., Crown Advocate.

Advocate J. W. R. Bell for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        You are to be sentenced today for one count of being concerned in the fraudulent evasion on the prohibition on importation of a controlled drug, namely heroin.  The quantity involved was 41.51 grams which you concealed internally when entering Jersey by boat from St Malo on the 9^th of December last year.  You initially entered a plea of guilty on a factual basis that was unacceptable to the Crown and, after a number of adjournments, you put forward a second basis of plea which was in very different terms and which the Crown has accepted on the basis that, whilst implausible from the Crown's view, there would be no point in challenging it as sentence would be unlikely to be affected.  That then is the basis on which you will be sentenced, namely that one-quarter of the drugs brought in was for your personal use and the rest would be provided to friends for a relatively low price. 

2.        You record is not a good one.  You have previous convictions in connection with drugs and the value of the heroin, which at 9% is of relatively low quality, is nonetheless of such a value that you would have received between £6,000 if sold wholesale and as much as £41,500 if sold at street level in deal bags of .05 grams. 

3.        You have some benefit from your guilty plea but it cannot be said that you were fully cooperative with the prosecution authorities.  You gave different versions of events seeking to minimise your involvement and culpability and you only admitted to internal carrying after you had been x-rayed.  Your guilty plea might be seen as inevitable given the internal carrying but nonetheless it is of value and we have taken it into account.  We note the other mitigation available to you and in particular we have read and considered your letter of remorse. 

4.        In the round however, in our view the Crown's conclusions are correct.  This case warrants a starting point of 9 years and after deduction for all the available mitigation we sentence you to 6 years' imprisonment. 

5.        We have considered the question of deportation which we note is not opposed by you through your counsel.  We have nonetheless applied the two-stage test in the Camacho-v-AG [2007] JLR 462 case and have determined that your continuing presence in Jersey would be of detriment to the Island and that there are no human rights considerations that would militate against an order for deportation.  Accordingly we recommend deportation when you have completed your sentence. 

6.        Finally we order the forfeiture and destruction of the drugs. 

Authorities

Camacho-v-AG [2007] JLR 462.

Customs and Excise (Jersey) Law 1999.

Rimmer, Lusk and Bade-v-AG [2001] JLR 373.

Mortimore-v-AG [2003] JLR Note 52.

Durkin-v-AG [2001] JLR Note 9.

Hasson-v-AG [2004] JCA 124.

AG-v-Dolan [2014] JRC 116.