AG -v- de Castro [2005] JRC 114 (16 August 2005)

JUDGMENT THE BAILIFF: 1. This Defendant has pleaded guilty to offences of importing into the Island 230 grams of heroin with a street value of between £69,000 and £103,000 and 1 gram of crack cocaine with a street value of just over £200.

2. De Castro is the classic courier. Having asked ourselves to what extent the Defendant is involved in drug trafficking we are satisfied that his involvement is at the lower end of the scale. He is aged 19 and is not an abuser of Class A drugs. Be that as it may, he was party to a decision knowingly to import a significant quantity of heroin which had the capacity to add greatly to the misery and degradation of addicts in Jersey.

3. He was entrusted by the dealer with a significant amount of drugs showing that the dealer had considerable confidence in him. Defence counsel has accepted that the appropriate starting point is 11 years' youth detention.

4. In mitigation De Castro is a first offender, he was co-operative with the police, he pleaded guilty to the indictment and he has shown remorse. We have taken account of the letter which he wrote to the Court. He is also very young being aged only 19. The provisions of the Criminal Justice (Young Offenders) (Jersey) Law 1994 apply, and we have asked ourselves in accordance with Article 4 of that Law whether there is any other method of dealing with him other than sentencing him to youth detention. We have no doubt that the importation of such a large quantity of heroin is such a serious offence that a non-custodial sentence cannot be avoided.

5. We think that the Crown Advocate has made the appropriate deductions for the mitigating factors. The conclusions are granted, and you are sentenced on Count 3 to 5 years' youth detention; on Count 4 to 3 years' youth detention concurrent.

6. We turn to the question of deportation. We have applied the principles set out in R -v- Nazari (1980 ) 3 All ER 880 and have asked ourselves whether your continued presence in the Island is detrimental to the interests of the community. It is true that the advice of the Probation Service is that you are at a low risk of re-offending. However, your connection with the Island is slight and you have committed the very serious offence of drug trafficking. We are satisfied that your continued presence in Jersey is detrimental to the interests of this community.

7. In relation to the second test which is whether there are innocent persons not before the Court who would suffer from a recommendation for deportation, we are satisfied that that consideration does not apply. We will, therefore, recommend to the Lieutenant Governor that when you have served your sentence you be deported from the Island. Finally we order the forfeiture and destruction of the drugs. Authorities Criminal Justice (Young Offenders) (Jersey) Law 1994. R -v- Nazari (1980) 3 All ER 880. Page Last Updated: 18 Aug 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII