The Attorney General v Gintaras Zabiela; Stuart James Paul
| Jurisdiction | Jersey |
| Court | Royal Court |
| Judge | Bailiff |
| Judgment Date | 29 July 2013 |
| Neutral Citation | [2013] JRC 148B |
| Date | 29 July 2013 |
[2013] JRC 148B
ROYAL COURT
(Samedi)
W. J. Bailhache, Q.C., DeputyBailiff, andJurats Morgan, Fisher, Kerley, Marett-Crosby, CrillandMilner.
D. J. Hopwood, Esq., Crown Advocate.
Advocate J. M. Grace for Zabiela.
Advocate P. S. Landick for Paul.
Rimmer Lusk and Bade [2001] JLR 373 .
Campbell Molloy and MacKenzie -v- AG [1995] JLR 136 .
AG -v- Grzyb [2010] JRC 235 .
R -v- Nazari (1980) 3 All ER 880 .
Camacho -v- AG [2007] JLR 462 .
Superior Number Sentencing — drugs — importation — possession — Class A and B.
Sentencing by the Superior Number of the Royal Court, to which the accused were remanded by the Inferior Number on 17 th May, 2013, following guilty pleas to the following charges:
Gintaras Zabiela
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).
Age: 28.
Plea: Guilty.
Details of Offence:
INnorder to pay off his dealer, Zabiela acted as courier of 82.88 grams of cocaine of 62% purity, concealed between two pairs of underpants that he was wearing. His suitcase also contained an ostensibly commercially wrapped package containing tea. He said the two consignments were from different sources and were intended for different recipients. He did not suspect that the “tea” package contained contraband. Paul agreed with another man that he would take delivery from Zabiela of 557 grams of herbal cannabis (the contents of the “tea” package), for a fee. Mobile telephone evidence suggested that Paul's role also extended to advising at least six different telephone contacts of the failure of the importation. Paul was also in possession of 3.6 grams of cannabis resin.
Details of Mitigation:
Zabiela unhelpful during the investigation but later made a statement exonerating Paul in relation to the cocaine and implicating him in the cannabis importation. Pleaded guilty at Indictment.
Previous Convictions:
23 convictions in the United Kingdom between 2006 and 2009, mostly for theft offences associated with his drugs dependency. Convicted for simple possession of Class C and Class A drugs in 2009.
Conclusions:
Count 1: Starting point 9 1/2 years. 6 1/2 years' imprisonment.
Forfeiture and destruction of drugs sought.
Recommendation for deportation sought.
Confiscation Order sought in the nominal sum of £1.
Sentence and Observations of Court:
Count 1: Starting point 9 1/2 years. 6 years' imprisonment.
Forfeiture and destruction of drugs ordered.
Recommendation for deportation made.
Confiscation Order sought in the nominal sum of £1.
Stuart James Paul
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 2).
1 count of: Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978 (Count 3).
Age: 31.
Plea: Guilty.
Details of Offence:
See Zabiela above.
Details of Mitigation:
Pleaded guilty at Indictment. Good work record and references. Supportive girlfriend and young child. Offer of employment. Spent the equivalent of 7 months remanded in custody.
Previous Convictions:
6 driving convictions between 2001 and 2003.
Conclusions:
Count 2: 150 hours' Community Service Order, equivalent to 9 months' imprisonment.
Count 3: 40 hours' Community Service Order, equivalent to 7 days' imprisonment, concurrent.
Total: 150 hours' Community Service Order, equivalent to 9 months' imprisonment.
Forfeiture and destruction of drugs sought.
Sentence and Observations of Court:
Count 2: 100 hours' Community Service Order, equivalent to 4 months' imprisonment.
Count 3: 40 hours' Community Service Order, equivalent to 7 days' imprisonment, concurrent.
Total: 100 hours' Community Service Order, equivalent to 4 months' imprisonment.
Forfeiture and destruction of drugs ordered.
THE DEPUTY
Mr Zabiela you are here to be sentenced for being knowingly concerned in the importation of cocaine in January this year. The quantity was 82.88 grams at 62% purity. It had a street value of £10,000–£25,600. The cocaine was hidden between the two pairs of underpants you were wearing at the time. You were not particularly cooperative when interviewed by customs officers. You pleaded guilty on Indictment, but that was inevitable in all the circumstances, and while you are entitled to significant...
To continue reading
Request your trial