AG v Dos Santos and Henriques

• Jurisdiction: Jersey
• Court: Royal Court
• Judge: Deputy Bailiff
• Judgment Date: 18 May 2007
• Neutral Citation: [2007] JRC 101
• Date: 18 May 2007

[2007] JRC 101

ROYAL COURT

(Samedi Division)

Before:

M. C. St. J. Birt, Esq., Deputy Bailiff, and Jurats de Veulle and Clapham.

The Attorney General

and

Joao Filipe Duarte dos Santos

Maria Rosalina Gomes Henriques

M. T. Jowitt, Esq., Crown Advocate.

Advocate S. A. Pearmain for the Henriques.

Advocate J. M. Grace for dos Santos

Authorities

Campbell v AG [1995] JLR 136.

Sentencing by the Inferior Number of the Royal Court, following guilty pleas to:

Joao Filipe Duarte Dos Santos

1 count of: Being knowingly concerned in the fraudulent evasion of the prohibition on the importation of a controlled drug, contrary to Article 61 (2) (b) of the Customs and Excise (Jersey) Law 1999. (Count 1).

1 count of: Possession of a controlled drug, contrary to Article 8 (1) of the Misuse of Drugs (Jersey) Law, 1978. (Count 2).

Age : 26

Plea: Guilty.

Details of Offence:

On 12 ^th October, 2006, Dos Santos and Henriques collected 6 kgs of cannabis resin (with a Jersey street value of £34,500) from an unknown source in Paris and smuggled it into Jersey on 13 ^th October, 2006 on the ferry from St Malo. The cannabis was concealed in Henriques' suitcase. She had been chosen as the mule because she was travelling with her baby and was less likely to be searched. Dos Santos, who lived in Jersey, travelled to Paris to meet her and escorted her back to Jersey acting as her minder. The cannabis was found as she landed. Dos Santos was stopped and searched. His Jersey flat was searched and a photograph of Henriques was found, together with a small amount of personal use cannabis, (Count 2). Each defendant claimed not to know the other but evidence from Condor Ferries showed that their tickets were directly consecutive and had been purchased three minutes apart.

Details of Mitigation:

Henriques confessed in interview. Dos Santos initially denied the offence however he pleaded guilty in the Royal court at the first opportunity. Fell to be sentenced as couriers only. Guilty pleas. Youth and a young child in the case of Henriques. Previous good character. Henriques assessed as low risk of re-offending. Dos Santos as a high risk.

Previous Convictions:

None.

Conclusions:

Count 1: 2 years' imprisonment. (Starting point: 4 years).

Count 2: 2 months' imprisonment, concurrent.

Total:

2 years' imprisonment.

Forfeiture and destruction order sought.

Sentence and Observations of Court:

Count 1: 21 months' imprisonment. (Starting point: 3 ¹/₂ years).

Count 2: 2 months' imprisonment, concurrent.

Total:

21 months' imprisonment.

Conclusions reduced to 21 months' imprisonment on Count 1, conclusions on Count 2 allowed. No recommendation for deportation for Dos Santos because of emotional hardship for his parents who live in Jersey.

Forfeiture and destruction of drugs ordered.

Maria Rosalina Gomes Henriques

1 count of: Being knowingly concerned in the fraudulent evasion of the prohibition on the importation of a controlled drug, contrary to Article 61 (2) (b) of the Customs and Excise (Jersey) 1999. (Count 1).

Age : 20

Plea: Guilty.

Details of Offence:

See above.

Details of Mitigation:

See above.

Previous Convictions:

None.

Conclusions:

Count 1: 2 years' youth detention. (Starting point: 4 years).

Forfeiture and destruction order sought.

Deportation Order sought.

Sentence and Observations of Court:

Count 1: 1 year's youth detention. (Starting point: 3 ¹/₂ years).

Conclusions reduced to 12 months' youth detention.

Deportation Order recommended.

Forfeiture and destruction of drugs ordered.

Deputy Bailiff

THE

1 These two defendants jointly imported 6 kilos of cannabis to the Island. The cannabis had a street value of about £34,000. The drugs were contained in a suitcase carried by Henriques. The defendants have given differing versions of events at different times. But there is now an agreed document setting out their respective parts and we sentence them both on the basis of that document.

2 They are both, therefore, to be treated simply as couriers, with Henriques actually carry the drugs and Dos Santos...