AG v Aguiar [2021] JRC 316 (13 December 2021)

JUDGMENT THE DEPUTY BAILIFF: 1. Jose Aguiar, you are 47 years old and have pleaded guilty to attempting to import and importing cocaine on a number of occasions by way of use of the postal system. In total you have admitted attempting to import 1.5 grams (Count 1 on the indictment) and successfully importing 16 grams of cocaine before a 7 gram package was intercepted making a total of 23 grams. That is covered by Count 2 of the indictment. You made full admissions in your second interview which you voluntarily attended, and you pleaded guilty to all three offences at the first opportunity. 2. As to the drugs that were intercepted, the 7 grams were analysed and found to be of exceptionally high purity - 89% by weight. The value of those 7 grams alone was between £1,000 and £1,400.00 and the total value of the 23 grams you imported was between £2,300.00 and £4,600.00. You organised the importation of these drugs using the dark web and paid for them in a crypto currency. The cocaine was to be for your use save for a small amount which you were prepared to give to a small number of friends and that is Count 3 on the indictment. 3. Applying the Rimmer guidelines to the facts of this case, we agree with the Crown that the appropriate starting point is 8 years imprisonment. 4. You gave your pin number to the police which revealed some of the details of your payments for drugs, without which there was no other supporting evidence. You named your suppliers and your financial records supported the account you gave as to the drugs you have had purchased. 5. You have lived here for 12 years, having moved here from Madeira. 6. You have no previous convictions and although you did use cannabis and heroin in your youth, you have steered clear of drugs save for one incident on holiday three years ago. But for your candour in interview, you would have been indicted from importing 7 grams rather than 23 grams which may have placed you in a slightly lower sentencing bracket. 7. We have given you the maximum credit we can for your guilty plea and previous good character. You are fully aware that what you were doing was wrong. All Class A drugs are potentially very damaging for the health of those who take them and to the community as a whole. All those who import them, even ostensibly for their personal use, run the risk that those drugs will find their way to other members of the community and cause them harm as well. You accept that your actions perpetuated the trade in Class A drugs and your admission to the offence at Count 3 accepts that you supplied drugs to an acquaintance or acquaintances. You told the police that even though you had not sold any drugs you had accepted drinks in return for the small amount of cocaine you supplied to those friends. 8. We have had regard to the letter that you have written to the Court and the references from those who know you well. We have been impressed by the fact that you worked for the same employer for over 12 years until this offence and that you were a trusted member of the workforce. Indeed, you are described as a "model employee" and a "proud and dedicated family man". We have read strong references from your new employer and heard that he is prepared to have you back, notwithstanding this offence. 9. Your Advocate has suggested that this is an exceptional case, and she has referred to five circumstances: (i) Your full admissions which were an extensive and without which you would have not of faced two of the three counts on the indictment; (ii) Your genuine remorse evidenced by the material before us; (iii) Your good character which is not merely an absence of previous convictions in your case, but evidence of positive good character demonstrated by the references we have seen; (iv) Your excellent work ethic. You have spent the last several years working up to 60 hours a week in two jobs to support yourself and your family. The references from your employers and to others who know you well, have been as we have said, very strong; (v) Your abstinence from drugs since the 12 th March. 10. We would add to that the fact that you have now spent 39 days in custody and for the first time experienced prison life. 11. None of these circumstances on their own are exceptional - indeed they are commonplace but collectively, the Jurats have just been persuaded that this is a case where we can adopt an exceptional course, and accordingly on Count 2 we will reduce the Crown's conclusions to 3 years 2 months' imprisonment and as a direct alternative impose the maximum sentence of 480 hours Community Service. 12. This will involve you carrying out unpaid work to the benefit of the community for approximately 2 years. It will be a substantial commitment and as we have said a direct alternative to custody. This means if you fail to carry out the hours you will be brought back to this Court and as I am sure you understand you will be sent to prison. 13. As to the question of deportation, we agree with the Crown that first limb is satisfied (that is to say if your presence in the Island is detrimental owing to the nature of this offence), but the second limb is not and accordingly we do not recommend your deportation. But any further offending could well result in a recommendation for deportation. 14. We order the forfeiture and destruction of the drugs. 15. In relation to Count 1, we impose 456 hours Community Service, equivalent to 3 years' imprisonment; 16. Count 2, 480 hours Community Service, equivalent to 3 years' and 2 months' imprisonment, 17. Count 3, 312 hours Community Service, equivalent to 2 years' imprisonment, making a total of 480 hours. 18. We hope we will never see you again in this Court. Authorities Customs and Excise (Jersey) Law 1999. Customs and Excise (Jersey) Law, 1999. Misuse of Drugs (Jersey) Law 1978. Rimmer v AG [2001] JLR 373 . Camacho v AG [2007] JLR 462 . AG v Carroll [2020] JRC 254 . AG v Botting and Moore [2016] JRC 005 . AG v Webb [2018] JRC 048 . AG v Abreu [2007] JRC 081 . Page Last Updated: 19 Jan 2022 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII