Jersey Judgment

AG v Valentine [2024] JRC 011 (15 January 2024)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The sentence was determined by the weight of the drugs imported, the defendant's role as a courier, the lack of mitigation for fear of drug dealers, and the defendant's early guilty plea and cooperation.

Court disposition

convicted and sentenced

Orders

  • 3½ years' imprisonment on Count 1 (cocaine importation)
  • 12 months' imprisonment on Count 2 (ketamine importation), concurrent
  • Destruction and forfeiture of drugs and mobile telephone (with 28 days to extract personal data at defendant's expense)
  • Declaration of benefit in the sum of £2,975
  • Confiscation order in the sum of £1
  • Ancillary orders as per draft order (i)-(iv) at page N11 of the bundle

02

Material facts

Parties

George Valentine

Defendant

Amounts and remedies

  • Cocaine Imported (grams): 6
  • Ketamine Imported (grams): 117
  • Street Value of Cocaine: GBP 1,000
  • Street Value of Ketamine: GBP 7,200
  • Drug Debt Owed: GBP 5,000
  • Reward for Importation (debt Reduction): GBP 500
  • Declaration of Benefit: GBP 2,975
  • Confiscation Order: GBP 1

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

Party arguments

Applicant
The Crown argued for a starting point of 7½ years' imprisonment for the cocaine importation, based on the weight of the drugs and the defendant's role.
Respondent
The defendant pleaded guilty at the first opportunity, expressed remorse, cooperated with authorities, and cited fear of drug dealers due to a cannabis debt.

05

Court’s reasoning

  1. 01

    Court's repeated statements

    Being in fear of drug dealers due to debt is not mitigation for drug importation offences.

  2. 02

    Sentencing Guidelines

    Full credit is given for early guilty pleas.

06

Ratio, limits and disposition

Ratio decidendi

The sentence was determined by the weight of the drugs imported, the defendant's role as a courier, the lack of mitigation for fear of drug dealers, and the defendant's early guilty plea and cooperation.

Obiter and limits

  • The defendant's previous conviction for violence was of little relevance to the current sentence.
  • The defendant's progress in custody and genuine remorse were noted as positive factors.

Court disposition

convicted and sentenced

  • 3½ years' imprisonment on Count 1 (cocaine importation)
  • 12 months' imprisonment on Count 2 (ketamine importation), concurrent
  • Destruction and forfeiture of drugs and mobile telephone (with 28 days to extract personal data at defendant's expense)
  • Declaration of benefit in the sum of £2,975
  • Confiscation order in the sum of £1
  • Ancillary orders as per draft order (i)-(iv) at page N11 of the bundle

Source and reliance status

Official court record

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Judgment reading view

Judgment text

The complete available source text.

Source document

Court record

Judgment

[2024] JRC 011

JUDGMENT THE DEPUTY BAILIFF: 1. George Valentine, you are 24 years old in two days' time. On 10 September last year, you imported over 6 grams of cocaine into Jersey and nearly 117 grams of ketamine on the same occasion.

2. When you were stopped by Customs officers at the harbour, you gave a number of false reasons for your travel to the Island. However, when your baggage was being searched you said that you owed a cannabis debt to drug dealers in the sum of £5,000.

3. Subsequently, when the drugs that you were unlawfully importing were found on your person during a search you immediately identified the type of drugs that you were carrying.

4. You gave the arresting officers access to your mobile telephone. In interview, you admitted the offences with which you are charged. You said that you were addicted to ketamine and would take some every day. You said that you were given the drugs to import in order that you pass them on to third parties on your arrival and that you were also told to conceal the drugs internally but did not do so owing to their size.

5. Your reward for this importation was to be a reduction in your substantial drug debts, by a sum of just £500. You said that you had had contact with your criminal associates through a mobile telephone that you had thrown into the sea prior to your landing in Jersey.

6. The street value of the drugs you imported was at least £1,000 (in respect of the cocaine) and at least £7,200 (in respect of the ketamine).

7. As to the mobile telephone that was recovered from you, the data revealed messages with your Jersey-based contact in the week leading up to the importation.

8. You pleaded guilty at the first opportunity, just two days after you committed the offences, and you will receive full credit for those pleas.

9. The Crown argued for a starting point of 7½ years' imprisonment in respect of the cocaine importation at Count 1. Having regard to the weight of the drugs and your role in these offences we fix the starting point at 7 years' imprisonment. You have a previous conviction for an offence of violence that led to a custodial sentence being imposed upon you by Shrewsbury Crown Court in 2019 which is of little relevance for the purposes of your sentence today.

10. The Pre-Sentence Report speaks about you being in fear of those to whom you owed money for drugs. However, this Court has repeatedly said that that is no mitigation whatsoever - it is simply a feature of the drugs world that you have chosen to participate in, where threats are commonplace occurrence. You are at high risk of re-offending, although we note, and it is to your credit, that you have made good use of your time in custody and have voluntarily completed an alcohol and substance awareness programme, and we have heard from your counsel that you are now drugs free.

11. We make a destruction and forfeiture order in relation to the drugs seized and we make a similar order in relation to your mobile telephone, save that you have 28 days to have your personal data extracted from that mobile telephone at your expense. That is a matter that you will have to liaise with the States Police upon.

12. We make a declaration of benefit in the sum of £2,975 and we make a confiscation order in the sum of £1 and ancillary orders in accordance with (i), (ii), (iii) and (iv) only of the draft order at page N11 of the bundle.

13. We have read your letter of apology to the Court and we have taken into account your comparative youth, your cooperation on arrest to which we have referred, your remorse which we accept is genuine, the progress that you have made in custody and all the other mitigation before us.

14. The sentence that we impose on Count 1 is 3½ years' imprisonment and on Count 2, 12 months' imprisonment, concurrent, making a total of 3½ years' imprisonment. Do you understand? Authorities Customs and Excise (Jersey) Law 1999 Proceeds of Crime (Jersey) Law 1999 Campbell v AG [1995] JLR 136 Rimmer v AG [2001] JLR 373 AG v Mackenzie and Richards [2011] JLR 689 AG v Goodwin [2016] JRC 165 AG v Massay [2022] JRC 208 AG v Delduca [2023] JRC 185 R v Cairns [2013] EWCA Crim 467 Magistrate's Court of Jersey Sentencing Guidelines. Page Last Updated: 08 Feb 2024 Back to top About JLIB Accessibility Contacts Copyright Disclaimer Feedback Privacy policy Site map This website is not compatible with your web browser. You should install a newer browser . If you live in Jersey and need help upgrading call the States of Jersey web team on 440099. BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Campbell v AG [1995] JLR 136

Case cited

Rimmer v AG [2001] JLR 373

Case cited

AG v Mackenzie and Richards [2011] JLR 689

Case cited

AG v Goodwin [2016] JRC 165

Case cited

AG v Massay [2022] JRC 208

Case cited

AG v Delduca [2023] JRC 185

Case cited

R v Cairns [2013] EWCA Crim 467

Case cited

Customs and Excise (Jersey) Law 1999

Legislation

Legislation referenced in the available case record.

Proceeds of Crime (Jersey) Law 1999

Legislation

Legislation referenced in the available case record.

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