Jersey Unreported Judgments

Superior Number Sentencing - drugs - importation

[2024]JRC188

Royal Court

(Samedi)

17 September 2024

Before     :

R. J. MacRae, Esq., Deputy Bailiff, and Jurats Christensen MBE, Hughes, Le Cornu, Entwistle and Berry

The Attorney General

-v-

Andrew Christopher Lane

Sentencing by the Superior Number of the Royal Court, 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 goods, contrary to Article 61(2)(b) of the Customs and Excise (Jersey) Law 1999 (Count 1)

Age:  45.

Plea: Guilty. 

Details of Offence:

On 2 April 2024 customs officers stopped a white hire van travelling from Portsmouth, which the Defendant was driving, for inspection.  He was carrying two passengers.  The Defendant told customs officers that he was travelling to Jersey for work as he had an arrangement with Andium Homes to repair storm damage.  He had previously travelled to Jersey in January as a self-employed renderer.  None of the passengers had anything to declare after the prohibitions and restrictions were explained to them.

 

On examining the van, customs officers found tools, equipment and personal luggage.  During an initial screening of the cab area of the van, a customs drug dog showed interest in the under-seat area and dashboard of the van.  A second customs drug dog also screened the cab and showed interest in the same areas.  The Defendant could not provide any explanation for these indications and maintained that he never used drugs.  The other passengers commented to the same affect.

 

The contents of the van were searched.  A customs officer opened a large black toolbox.  Underneath a layer of tools, the officer located an orange tape wrapped package.  The Defendant, who was observing the search, stated: "that's cocaine, those two had nothing to do with it".

 

The package was analysed and confirmed to be 491 grams of cocaine with a purity of 84%.  A drug expert opined that the value at street level would be between £75,000 to £125,000.

 

The Defendant provided "no comment" in his interview.  His mobile phone was downloaded and nothing of evidential value was obtained.  The Defendant pleaded guilty on his first appearance in the Magistrate's Court

Details of Mitigation:

Early guilty plea and letters from supportive family members.

Previous Convictions:

No previous drugs convictions.  Convictions for assault in November 2015, and two motoring offences in November 2009.

Conclusions:

Count 1:

Starting point 15 years' imprisonment.  10 years' imprisonment.

Confiscation postponed.

Forfeiture and destruction of the drugs sought.

Sentence and Observations of Court:

Count 1:

8 years and 3 months' imprisonment.

Confiscation postponed.

Forfeiture and destruction of the drugs ordered.

Ms C. L. G. Carvalho, Crown Advocate.

Advocate C. R. Baglin for the Defendant.

JUDGMENT

THE DEPUTY BAILIFF:

1.        We adjourn the question of confiscation and make a destruction and forfeiture order in relation to the drugs.

2.        Andrew Christopher Lane, you are 45 years old and have no relevant previous convictions.

3.        On 2 April 2024, you arrived in Jersey by ferry in a van which you had hired.  You were driving the vehicle and there were two male passengers with you.  You said that you had come to Jersey to work.  You and your colleagues said that you had nothing to declare to the Customs officer to whom you spoke.  However, concealed within a toolbox in the van was a taped package.  Once this had been located, you indicated that it contained cocaine and that the two other people with you had nothing to do with the contents.

4.        The contents were cocaine weighing 491 grams with a high purity of 84% and a street value in Jersey of between £75,000 and £125,000.

5.        When interviewed, you made no comment but you pleaded guilty to the offence with which you were subsequently indicted at the first opportunity when you appeared in the Magistrate's Court the following day.  Accordingly, you will receive full credit for that plea of guilty.

6.        Evidently you were offered money, £5,000, to import this cocaine which you intended to use to discharge some of the debts that you had accrued in a family case before the English Courts.  You accept your responsibility for what you did.

7.        Both counsel and the Court agree that the appropriate starting point for this offence is one of 15 years' imprisonment.

8.        According to the Probation Officer you are at low risk of future re-offending.  You have a strong and impressive work record and we accept that your remorse for this offending is genuine.  We have read with care the moving correspondence we have received from your wife and note that you have a baby daughter who is only a year old.  They, and of course the other members of your family who depend upon you, are the innocent victims of your offending.  Your mother described this offending as completely out of character and we accept that.

9.        In your letter to the Court, you say that if you had thought this through and understood the consequences then your life would now be different.  We hope that your experience will be a lesson to others and hopefully deter them from importing dangerous Class A drugs into this Island.  We note that you intend to use your time in prison constructively and indeed have done so to date.  Your record on remand has been exemplary.

10.     The least sentence the Court can impose and the sentence that we do impose is one of 8 years and 3 months' imprisonment.

Authorities

Customs and Excise (Jersey) Law 1999

Proceeds of Crime (Jersey) Law 1999

Rimmer v AG [2001] JLR 373