AG v Morgan

• Jurisdiction: Jersey
• Court: Royal Court
• Judge: Sir Richard Tucker, Kt,Jurats Le Breton,Georgelin
• Judgment Date: 03 March 2006
• Neutral Citation: [2006] JRC 31
• Date: 03 March 2006

[2006] JRC 31

ROYAL COURT

(Samedi Division)

Before:

Sir Richard Tucker, Kt., and Jurats Le Breton and Georgelin.

The Attorney General

and

Christopher Thomas Morgan

J. C. Gollop, Esq., Crown Advocate.

Advocate D. M. Cadin for the Defendant.

No Authorities

Sentencing by the Inferior Number of the Royal Court on a guilty plea to:

1 count of: Assisting another to retain the benefit of drug trafficking, contrary to Article 37 (1) (a) of the Drug Trafficking Of fences (Jersey) Law 1988 (Count 2.)

The Crown accepted a not guilty plea on Count 1.

Age : 41.

Plea: Guilty.

Details of Offence :

This case was connected to the case of AG -v- Durkin and Others (see judgment [2004] JRC 163). Durkin and Howard had conspired to import a kilo of heroin into Jersey in February/March, 2003. They were purchasing a kilo from Anthony Reynolds who was based in Liverpool for the sum of £20,000. The Police had been conducting an intrusive surveillance operation against Durkin and Howard and a covert audio recording device had been concealed within Durkin's flat. Durkin and Howard had been heard discussing the sending of £5,000 as a part payment or instalment on the purchase price for the kilo. On the 2 ^nd March, 2003, the transcripts evidenced Durkin making the preparation for travel to the UK. He was then heard to make a telephone call to a male whom he addressed only as “Chris”. This was the now accused. Arrangements were made for Durkin to meet Morgan at the car part of the Jersey Bowl prior to Durkin flying out to the UK. The meeting took place and during the meeting Durkin handed Morgan the sum of £5,000 in cash. The next day Morgan travelled to the UK where he met Reynolds and handed to him £5,000. At that time Reynolds was a serving prisoner, albeit in an Open Prison. The involvement of Morgan was only identified when he was arrested for other offences and a full investigation into his telephone records was made. The telephone analysis showed contact between him and Reynolds in the UK and with Durkin.

The factual basis for Morgan's plea was that he was initially asked by his brother who was also an inmate in a Liverpool Prison to do a favour for a fellow inmate. Morgan agreed to assist and hew as then subsequently contacted by Reynolds. Reynolds asked Morgan to bring some money to the UK for him. When he met Durkin he thought it was £500 but it was subsequently clarified to him when he handed the money over to Reynolds that it was £5,000. Morgan had agreed to do this and at the time that he did agree he knew that what he was being asked to do was “dodgy” and that furthermore he knew that Reynolds was or had been engaged in drug trafficking.

Details of Mitigation :

In the Crown's view this was Morgan's second conviction for his involvement in drug trafficking matters. He had pleaded guilty to an offence in December, 2005. The factual basis for the current offence and his plea arose prior to his earlier conviction. On both occasions his involvement had to be to handle or in some way to be responsible for drug trafficking funds. The Crown's position was that hew as therefore someone who was trusted and therefore by implication close to the ultimate source of the importation or supply of illegal drugs into the Island.

In the absence of any guidelines for offences under the Drug Trafficking Offences (Jersey) Law 1988 and given that cases of this nature were infinitely variable, the Crown did not consider sentencing from a starting point approach. The Crown had regard to the purchase power of the £5,000 which in itself could have purchased a quarter of a kilo of heroin which would have been worth in excess of £100,000 in Jersey. The Crown viewed as significant that Morgan was prepared to be involved in this enterprise in that he acknowledged that he was assisting a convicted criminal. The Crown gave weight to the guilty plea and his lack of...