Jersey Unreported Judgments

Superior Number Sentencing - drugs - Class A.

[2019]JRC183

Royal Court

(Samedi)

19 September 2019

Before     :

Sir William Bailhache Esq., Bailiff, and Jurats Olsen, Ronge, Dulake, Averty and Grime.

The Attorney General

-v-

Graham Keddie

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 21^st June, 2019, following a guilty plea to the following charges:

1 count of:

Being knowingly concerned in the fraudulent evasion of the prohibition on importation of a controlled drug, contrary to Article 61(2)(b) of the Customs and Excise (Jersey) Law 1999 (Count 1).

Age:  41.

Plea: Guilty.

Details of Offence:

On 14^th April, 2019, the Defendant arrived on the Condor Liberation from Poole.  He was stopped and questioned by Customs.  The defendant told the officer that he had travelled to Jersey to find work in a bar.  He stated that he had a local contact who would help him find employment and accommodation. 

 

The defendant was taken to the search area and he disclosed that he had taken heroin and crack cocaine two days prior to his travel.  An ION scan swab from the screen of the defendant's black Samsung mobile phone returned a positive indication to the presence of cocaine and heroin.  The defendant told officers that he was on a methadone programme.  A search of the defendant's bag revealed a quantity of methadone and some drugs paraphernalia, including a section of tin foil and paper straws. 

 

Following a physical search of the defendant, officers suspected that he was concealing drugs internally.  He was arrested and cautioned on suspicion of being knowingly concerned in the importation of a controlled drug.  When placed into custody, he told Customs "I've got 18 brown packages inside me for personal use."  He subsequently produced a clear wrapped packaged containing a total of eighteen small wraps of heroin, with a total weight of 3.315 grams.  He said that the drugs were for his own personal use while signing up to the local methadone programme. 

 

Details of Mitigation:

Guilty plea

Previous Convictions:

Six convictions for 23 offences, including for possession of cocaine (2011), possession with intent to supply cocaine (2012) and production of cannabis (2013).

Conclusions:

Count 1:

Starting point 7 years' imprisonment.  4 years' imprisonment.

Total 4 years' imprisonment.

Declaration of benefit in the sum of £3,790, and a confiscation order in the sum of £156. 68 sought.

Forfeiture and destruction of the drugs sought.

Sentence and Observations of Court:

Count 1:

Starting point 7 years' imprisonment.  3 years' 6 months imprisonment.

Total: 3 years' 6 months imprisonment.

Declaration of benefit in the sum of £3,790 and a confiscation order in the sum of £156.68 made.

Forfeiture and destruction of the drugs.

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

Advocate J N. Heywood for the Defendant.

JUDGMENT

THE BAILIFF:

1.        Mr Keddie, you are here to be sentenced on an Indictment containing one count of being knowingly concerned in the fraudulent evasion on the prohibition of importation of heroin.  In April this year you carried 3.35 grams of heroin internally.  The Crown have told us it was at a purity rate of 46% but given the basis that has been accepted by the Crown that it was for personal use the percentage has little relevance.  The street value was between £2,500 and £3,500 and you have told Customs that this drug cost you £180 in Liverpool. 

2.        We have heard that you have been a heroin addict and that you have been on the methadone programme in the United Kingdom.  Your counsel says that you came to Jersey in order to beat your addiction and that you hoped that the heroin that you were carrying would carry you through, as it were, if you were unable to source some methadone to continue coming off the main drug.  

3.        The Crown accepted that this was an importation of heroin for personal use but there was an unquantifiable risk that some of the drugs might have found their way onto the local market, and it is indeed for that reason that any form of importation is treated as drug trafficking for the purposes of the authorities we have applied in this court for many years.  The principal authority in this connection is the case of Rimmer and Others v AG [2001] JLR 373. 

4.        The Crown's conclusions were for 4½ years imprisonment but given the acceptance that it was an importation for personal use only the Crown then varied the conclusions and moved for 4 years' imprisonment. 

5.        Your counsel points out that you have pleaded guilty, you have been fully co-operative from the outset that you have had some difficulties in your personal life which lead to your heroin addiction and you are determined to get past them and the court hopes that you will get past them and being in prison will actually help your journey in that respect.  

6.        We accept entirely that you have been co-operative and noted in particular that you gave the PIN number to your telephone to customs officers and that is very much to your credit.  We think the right starting point is 7 years' imprisonment and that is the Rimmer minimum starting point on these levels and it takes into account that there has been an increase in drug stock in the Island.  

7.        We have noted that you have not been in trouble for 6 years and having regard to all the mitigation we think the right sentence is 3½ years' imprisonment and you are sentenced to that.  

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

Authorities

Proceeds of Crime (Jersey) Law 1999

Rimmer and Others v AG [2001] JLR 373.