Jersey Unreported Judgments

[2008]JRC184

ROYAL COURT

(Samedi Division)

28^th October 2008

Before     :

M. C. St. J. Birt, Esq., Deputy Bailiff, and Jurats Le Brocq, Bullen, Allo, King, Morgan and Liddiard.

The Attorney General

-v-

Irmino Paulo Fernandes Vieira

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 29^th September, 2008, 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:  27.

Plea: Guilty.

Details of Offence:

Vieira was stopped at the Airport by Customs Officers.  He was found to have concealed internally 3 packages containing 11.28 grams of heroin.  Vieira admitted it was imported for personal use and that he was aware that it was illegal to import drugs.  The Crown accepted this factual basis for his plea and for the purposes of sentencing.  He said he paid €850 for it in Madeira.  The wholesale value in Jersey was between £3,384 and £5,640 with a street value of £11,280.

The Crown took as its starting point a sentence of 8 years' imprisonment.  The Crown reiterated the position that importation for personal use still fell well within the Rimmer Guidelines and the fact that it was for personal use was a matter for mitigation. 

Details of Mitigation:

The Crown identified the fact that it was for personal use as a matter for mitigation.  Guilty plea, albeit inevitable given internal concealment.  Co-operation, residual youth and a first drug offence.  Previous record of no significance.  The Crown also relied upon the background reports and the other information contained within the papers. 

The Defence contended that the starting point was incorrect and that a more appropriate one would have been 7 years.  The fact that this was for personal use, guilty plea, lack of criminal record and level of co-operation were all emphasised.  Reference from former employer produced.  He was using his time constructively in Prison to improve his education.  Apologised to Court. 

Previous Convictions:

One conviction for failing to quit licensed premises and breach of the peace. 

Conclusions:

Starting point 8 years.

Count 1:

4 years' imprisonment.

Forfeiture and destruction of drugs sought.

Recommendation for deportation sought.  Not opposed.

Sentence and Observations of Court:

The defendant had imported 11.28 grams of heroin concealed internally and the Crown accepted that this was for his own use.  He was to be sentenced on that basis.  The fact that it was for personal use is an aspect of mitigation.  The Court found the correct starting point to be one of 7 years having regard to the amount and the scale and nature of his involvement.  In mitigation the Court took into account that the heroin was for personal use, his guilty pleas, no previous drug convictions and the reference.  It also had regard to the information contained within the reports and the other documents before the Court.  The Court felt that the correct sentence was one of 3½ years' imprisonment.  The Court made an order for the forfeiture and destruction of the drugs.

On the issue of deportation the Court had no hesitation in finding that his continued presence was detriment to the island given that he had brought in Class A.  He did not oppose the recommendation but the Court still, nonetheless considered whether it was right to do so.  The Court was satisfied that it was right to do so.  He had little connection with the island and had no dependants here.  He had spent his time between Madeira and Jersey but the longest that he had ever been in Jersey was for 2 years.  The Court concluded that there would be no adverse interference with his private life and Article 8 and, therefore, made the recommendation for his deportation. 

Starting point 7 years.

Count 1:

3½ years' imprisonment.

Forfeiture and destruction of drugs ordered.

Recommendation for deportation made.

J. C. Gollop, Esq., Crown Advocate.

Advocate P. S. Landick for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        Mr Vieira you imported 11.28 grams of heroin concealed internally.  The Crown accepts that it was for your own dependency and therefore we will sentence you on the basis it was for your own use.  That is an aspect of the mitigation. 

2.        In our view the correct starting point is one of 7 years having regard to the amount and the nature and scale of your involvement.  In mitigation we take into account it was for your personal use, the fact that you have pleaded guilty, the fact that you have no previous drug offences, the reference which we have read and we are also pleased to note that you are taking advantage of the education facilities in the prison. 

3.        Having regard to these factors and all the other mitigation available on the papers, we think the correct sentence is one of 3½ years' imprisonment. 

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

5.        As to deportation we have no hesitation in finding your continued presence in the island to be detrimental in view of the fact that you brought in Class A drugs.  We note that you do not oppose the recommendation for deportation, but we have nevertheless considered whether it is the right thing to do.  We are satisfied that it is.  You have little connection with the island in that you were born and brought up in Madeira, came here for the first time when you were 18 and have since spent time both in Madeira and Jersey with no more than 2 years in Jersey at any one time.  You have one sister here but your parents and your other siblings are in Madeira.  You have no dependants in Jersey.  We think therefore that there will be no undue interference with your private life under Article 8 and we recommend deportation. 

Authorities

Rimmer-v-AG [2001] JLR 373.

Shahnowaz-v-AG [2007] JLR 221.

AG-v-De Oliveira [2008] JRC 124.

R-v-Nazari [1980] 3 All ER 880.

Camacho-v-AG [2007] JCA 145.