AG -v- Matutite [2013] JRC 047 (01 March 2013)

JUDGMENT THE commissioner: 1. The defendant, who has no connection with the Island, stands to be sentenced for the importation of 1,218 subutex tablets, a Class C drug, with a cost price in France, from where she entered the Island, of £2,400 and a street price locally of £97,440. Subutex is a brand name for Buprenorphine which is essentially a substitute for heroin, prescribed when used legitimately to wean heroin users off opiates. For opiate abusers, when supplies of heroin are low or the quality is poor, subutex fills a void providing a reliable guaranteed hit. The prescription of subutex in the Island is tightly controlled and therefore the street price here is highly inflated.

2. As made clear in the case of Page and Ors-v-AG [2012] JRC 131 , the use of starting points for this offence, which carries a 5 year maximum, is not commended but the Court should consider the quality of the drugs, the closeness to the supplier, the street value and the sophistication of the importation which we have done. The Crown accepts that the defendant's role was that of a mule and that this was not a sophisticated importation.

3. The defendant has no previous convictions and has pleaded guilty to the offence. She was 20 at the time of the offence and therefore the provisions of the Criminal Justice (Young Offenders)(Jersey) Law 1994 apply following AG-v-Cameron [2008] JLR N 44. She has a supportive family; her mother has come over to be with her today. We have considered the letters that have been written to us very carefully and it is clear that she has powerful mitigation in her favour. However, the policy of the Court in relation to the commercial importation of drugs is clear, namely that a custodial sentence will be imposed and, in our view, this commercial importation is too serious to justify a non-custodial sentence, notwithstanding the defendant's youth.

4. In Page-v-AG the Superior Number endorsed the following words of the Court of Appeal in AG-v-Campbell [1995] JLR 136 as applying to the importation of Class C drugs:- "Sadly the lives which are blighted by the abuse of drugs are usually young lives. We agree that the circumstances have changed since this Court issued its guidelines in Clarkin in 1991. The courts cannot by themselves provide a solution to the problem but they can play their part by adopting a sentencing policy which marks the gravity of the crime. We desire therefore to make absolutely clear what is the policy of the courts in this jurisdiction in relation to the sentencing of offenders who import or deal in drugs on a commercial basis. That policy is that offenders will receive condign punishment to mark the peculiarly heinous and anti-social nature of the crime of drug trafficking." 5. Having said that, we do think that the defendant's youth and the powerful mitigation that she has available to her enable us to reduce the sentence. On Count 1 you are sentenced to 18 months' imprisonment.

6. Turning to the issue of deportation, we do find that the continued presence of the defendant in the Island would be prejudicial to the community, but we agree with the Crown for the reasons set out in the conclusions that deportation would be disproportionate and we are not therefore going to recommend the defendant's deportation.

7. Finally we order the forfeiture and destruction of the drugs. Authorities Page and Ors-v-AG [2012] JRC 131 . Criminal Justice (Young Offenders)(Jersey) Law 1994. AG-v-Cameron [2008] JLR N 44. AG-v-Cameron [2008] JRC 182 . AG-v-Campbell [1995] JLR 136 . Page Last Updated: 16 Sep 2016 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII