AG v Kendrick and Ors

• Jurisdiction: Jersey
• Court: Royal Court
• Judge: Bailiff
• Judgment Date: 01 November 2004
• Neutral Citation: [2004] JRC 187
• Date: 01 November 2004

[2004] JRC 187

ROYAL COURT

(Samedi Division)

Before:

M.C. St. J. Birt, Esq., Deputy Bailiff, and Jurats de Veulle, Le Brocq, Bullen, Clapham, Le Cornu and Newcombe.

The Attorney General

and

Richard Kendrick,

Nicholas Ayers,

Kevin Philip Patrick Mooney,

Scott Andrew McLean Sumner

S.M. Baker, Esq., Crown Advocate.

Advocate P. Landick for R. Kendrick

Advocate R. Juste for N. Ayers.

Advocate J. Bell for K.P.P. Mooney.

Advocate L. Springate for S.A.M. Sumner.

Authorities

Bonnar & Noon v A.G. [2001] JLR 626.

Campbell & Ors v A.G. [1995] JLR 136.

Valler v A.G. [2002] JLR 383.

A.G. v Antunes [2003] JLT 144.

Rimmer Lusk & Bade v AG [2001] JLR 373.

Customs and Excise (Jersey) Law 1999: Article 61.

Misuse of Drugs (Jersey) Law 1978: Articles 5 and 6.

Richard Kendrick

Sentencing by the Superior Number of the Royal Court, to which the Defendant was remanded by the Inferior Number on 9 ^th July, 2004, following Guilty pleas to the following charges:

2 counts 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: MDMA.

Count 2: Cannabis resin.

Age: 36.

Details of Offence:

Kendrick drove a car containing a little under 29 ¹/₂ kilos of cannabis resin and 3,875 ecstasy tablets onto a ferry going to Jersey. The car had been modified to allow the drugs to be carried in the front and rear bumpers. He telephoned Ayers, who was then in Liverpool, both before boarding and after disembarking from the ferry. After speaking to Kendrick upon his arrival in Jersey, Ayers telephoned Mooney in Jersey. Upon disembarking from the ferry, Kendrick drove the car to the Monterey Hotel in St Helier. Shortly afterwards, Mooney went to the Hotel de France and made a booking for Ayers to stay the following night under a false name. Later the same evening Kendrick telephoned Ayers and confirmed that Ayers was travelling to Jersey the next day. Several minutes later, Sumner and Mooney arrived at the Monterey Hotel. Mooney went into the hotel and a few minutes later he and Kendrick came back out. They became engaged in animated conversation and on one occasion looked in Kendrick's car boot. Kendrick returned to the hotel. Mooney and Sumner got into Kendrick's car and Sumner drove it to Mooney's home. It was during this car journey that Mooney told Sumner for the first time that the car contained drugs. The car stopped and Sumner got out. Shortly later, he got back in again and continued the journey as intended. When they arrived at Mooney's home, Sumner's Switch card and e-mail address were used to book a flight over the internet for Ayers to travel from Birmingham to Jersey the next morning. Mooney telephoned Ayers to tell him that this travel booking had been made on his behalf. A little later, around 10.00 pm, Mooney went out. He came back with a bag containing over £62,000 in cash. The next morning, Ayers arrived in Jersey. He made his way to Mooney's address. All defendants were arrested shortly thereafter.

Following Sumner's arrest, his home address was searched. A small piece of cannabis resin weighing 253 milligrams was discovered.

Details of Mitigation:

Guilty plea; no previous convictions; good references; had experienced a traumatic event in a previous job.

Previous Convictions:

No previous convictions.

Conclusions:

Count 1: 8 years' imprisonment: (14 years' starting point).

Count 2: 8 years' imprisonment, concurrent.

Sentence and Observations of Court:

Count 1: 7 years' imprisonment: (13 years' starting point).

Count 2: 7 years' imprisonment, concurrent.

Nicholas Ayers

Sentencing by the Superior Number of the Royal Court, to which the Defendant was remanded by the Inferior Number on 13 ^th September, 2004, following conviction by the Inferior Number, en police correctionnelle on Not Guilty pleas to:

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

Count 1: MDMA

Count 2: Cannabis resin.

Age: 41

Details of Offence:

See Kendrick.

Details of Mitigation:

No relevant previous convictions; good references; had shown himself to be hard-working by embarking on some courses of education while in prison; other mitigation.

Previous Convictions:

1 offence against the person.

1 offence against property.

7 theft and kindred offences.

Conclusions:

Count 1: 6 years' imprisonment: (16 years' starting point).

Count 2: 6 years' imprisonment, concurrent.

Sentence and Observations of Court:

Count 1: 6 years' imprisonment: (15 years' starting point).

Count 2: 6 years' imprisonment, concurrent.

Kevin Philip Patrick Mooney

Sentencing by the Superior Number of the Royal Court, to which the Defendant was remanded by the Inferior Number on 9 ^th July, 2004, following Guilty pleas to the following charges:

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

Count 1: MDMA

Count 2: Cannabis resin.

Age: 29.

Details of Offence:

See Kendrick

Details of Mitigation:

Guilty plea; no previous convictions; had taken steps in prison to conquer alcohol problem; letter of remorse; good references; had experienced a traumatic even in a previous job.

Previous Convictions:

No previous convictions.

Conclusions:

Count 1: 9 years' imprisonment: (15 years' starting point).

Count 2: 9 years' imprisonment, concurrent.

Sentence and Observations of Court:

Count 1: 8 years' imprisonment: (14 years' starting point).

Count 2: 8 years' imprisonment, concurrent.

Scott Andrew McLean Sumner

Sentencing by the Superior Number of the Royal Court, to which the Defendant was remanded by the Inferior Number on 10 ^th September, 2004, following Guilty pleas to the following charges:

2 counts of: Being knowingly concerned in supplying a controlled drug contrary to Article 5(c) of the Misuse of Drugs (Jersey) Law, 1978.

Count 3: MDMA.

Count 4: Cannabis resin.

1 count of: Possession of a controlled drug contrary to Article 6(1) of the Misuse of Drugs (Jersey) Law 1978.

Count 5: Cannabis resin.

[On 10 ^th September, 2004, the Crown accepted Not Guilty please to counts 1 and 2 of the indictment].

Age: 22.

Details of Offence:

See Kendrick.

Details of Mitigation:

Guilty plea; youth; no relevant previous convictions.

Previous Convictions:

1 offence against the person.

Conclusions:

Count 3: 3 years' imprisonment: (7 years' starting point).

Count 4: 3 years' imprisonment.

Count 5: 1 month's imprisonment: concurrent.

Sentence and Observations of Court:

Count 3: 2 years' imprisonment: (4 years' starting point).

Count 4: 2 years' imprisonment.

Count 5: 1 month's imprisonment, concurrent.

Bailiff

THE DEPUTY

1 Kendrick, Ayers and Mooney were involved with the importation of some 29 kilos of cannabis resin with a street value of some £172,000 and 3,875 ecstasy tablets with a street value in the region of £38,000 concealed in two metal boxes welded behind the front and rear...