AG v Gregory Gregory and Raffray
| Jurisdiction | Jersey |
| Court | Royal Court |
| Judge | Bailiff |
| Judgment Date | 14 April 2005 |
| Neutral Citation | [2005] JRC 44 |
| Date | 14 April 2005 |
[2005] JRC 44
ROYAL COURT
(Samedi Division)
M.C. St. J. Birt, Esq., Deputy Bailiff, and Jurats Georgelin, King, Morgan, Newcombe and Le Ruez.
C.M.M. Yates, Esq., Crown Advocate.
Advocate D.M. Cadin for M.P. Gregory.
Advocate D. Steenson for E.A. Gregory.
Advocate M.J. Haines for D.C. Raffray.
A.G. v Kenward (6th March, 2000) Jersey Unreported; [2000/42].
A.G. v Miah (Aklas) (4th November, 2002) Jersey Unreported; [2002/210].
A.G. v Miah (Mohammed) [2004] JRC 048.
Mooney and Sumner v A.G. [2005] JCA 023.
Campbell & Ors [ 1995 JLR 136].
Rimmer & Ors [ 2001 JLR 373].
A.G. v Raffray (20th July 1995) Jersey Unreported; [1995/140].
Fortson: Misuse of Drugs and Drug Trafficking Offences (4 th Ed'n): pp. 69–71.
Sentencing by the Superior Number of the Royal Court, to which the Defendants were remanded as follows:
Martin Paul Gregory
By the Inferior Number on 11 th February, 2005, on a Guilty plea entered on 19 th November, 2004 to:
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: diamorphine.
[On 19th November 2004, the Crown advised that counts 2 and 3 of the indictment would not be pursued].
Age: 46.
Details of Offence:
Martin Gregory imported 235.89 grams of heroin into Jersey by concealing the drugs internally. He had told his wife (Elaine Gregory) that they were visiting the Island on holiday and she only found out about the importation after they had arrived when her husband informed her he could not expel the packages. Elaine Gregory then assisted her husband by contacting the people who had given the drugs to her husband. When she was given the name of Raffray, she then arranged a meeting with him. During the arranged meeting Martin and Elaine Gregory handed over the retrieved drugs to Raffray who put them in his rucksack. It was at this point that all three were arrested.
A search of Raffray's clothing was conducted and a small piece of cannabis resin was found in his front trouser pocket. Martin Gregory made unsolicited comments indicating that he thought he was importing amphetamine and that five wraps were still in his body. He was transferred to the General Hospital and eventually passed three packages of heroin and two empty condoms.
Details of Mitigation:
Early guilty plea and co-operation during his interview.
No previous convictions for drugs.
Letter of remorse.
Good employment record.
Social Enquiry Report: troubled family background, low risk of re-offending, vulnerable to manipulation.
Gave to the police the name of the source in Jersey allegedly involved in the imporation.
Previous Convictions:
No relevant previous convictions.
Conclusions:
Count 1: 8 years' imprisonment. (12 year's starting point).
Sentence and Observations of Court:
Count 1: 6 years' imprisonment. (11 year's starting point).
The Court considered that the starting point of 12 years was too high for all three Defendants and that the correct starting point was 11 years for Martin Gregory and Duncan Raffray and 10 years for Elaine Gregory due to her lesser involvement.
Taking into account the available mitigation the Court reduced the Crown's conclusions to 6 years for Martin Gregory, 5 years for Elaine Gregory and 10 years for Raffray with 3 months to run concurrently.
Elaine Audrey Gregory
By the Inferior Number on 11 th February, 2005, on a Guilty plea entered on 19 th November, 2004 to:
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 4: diamorphine.
[On 19 th November 2004, the Crown advised that count 5 of the indictment would not be pursued].
Age: 45.
Details of Offence:
See Martin Gregory above.
Details of Mitigation:
Did not import the drugs herself, she only found out about the importation once in the Island and played a lesser rôle and had no involvement in organising the importation of the drugs into the Island.
She felt that she had little choice but to help her husband.
Early guilty plea and co-operation during her interview.
No previous convictions for drugs.
Letter of remorse and effect on her teenage daughter.
References.
Social Enquiry Report: unsettled background.
Gave the Police the name of the source in Jersey allegedly involved in the importation.
Previous Convictions:
No relevant previous convictions.
Conclusions:
Count 4: 7 years' imprisonment. (12 year's starting point).
Sentence and Observations of Court:
Count 4: 5 years' imprisonment. (10 year's starting point).
The Court considered that the starting point of 12 years was too high for all three Defendants and that the correct starting point was 11 years for Martin Gregory and Duncan Raffray and 10 years for Elaine Gregory due to her lesser involvement.
Taking into account the available mitigation the Court reduced the Crown's conclusions to 6 years for Martin Gregory, 5 years for Elaine Gregory and 10 years for Raffray with 3 months to run concurrently.
Duncan Carl Raffray
By the Inferior Number, en police correctionnelle on 4th February, 2005, following conviction on Count
6 below, and by Inferior Number on 19th November, 2004, following a Guilty plea to Count 8 below:
1 count of: Possession of a controlled drug with intention to supply contrary to Article 6 (2) of the Misuse of Drugs (Jersey) Law, 1978.
Count 6: diamorphine.
1 count of: Possession of a controlled contrary to Article 6 (1) of the Misuse of Drugs (Jersey) Law, 1978:
Count 8: Cannabis resin.
[On 4 th February 2005, the Defendant was discharged on Count 7 of the indictment].
Age: 45.
Details of Offence:
See Martin Gregory above.
Details of Mitigation:
Had been a model prisoner and given trustee status during previous imprisonment.
Looked after his parents on release from prison.
Low risk of re-offending.
Previous Convictions:
One relevant previous conviction for the postal importation of 55 grams of heroin in 1995 for which he was sentenced to 10 years imprisonment.
Conclusions:
Count 6: 12 years' imprisonment. (12 year's starting point).
Count 8: 3 months' imprisonment; concurrent.
Sentence and Observations of Court:
Count 1: 10 years' imprisonment. (11 year's starting point).
Count 2: 3 months' imprisonment; concurrent.
The Court considered that the starting point of 12 years was too high for all three Defendants and that the correct starting point was 11 years for Martin Gregory and Duncan Raffray and 10 years for Elaine Gregory due to her lesser involvement.
Taking into account the available mitigation the Court reduced the Crown's conclusions to 6 years for Martin Gregory, 5 years for Elaine Gregory and 10 years for Raffray with 3 months to run concurrently.
THE DEPUTY
Martin Gregory imported some 235 grams of heroin into Jersey. He travelled here with his wife Elaine Gregory by boat. After arrival he told his wife about the heroin; by then...
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