The Attorney General v Shamin Ahmed

• Jurisdiction: Jersey
• Court: Royal Court
• Judge: F.C. Hamon,O.B.E.,Jurats Rumfitt,Tibbo,Bullen,Le Breton,Allo,Clapham
• Judgment Date: 14 November 2001
• Neutral Citation: [2001] JRC 229
• Date: 14 November 2001

[2001] JRC 229

ROYAL COURT

(Samedi Division)

Before:

F.C. Hamon, Esq., O.B.E., Commissioner, and Jurats Rumfitt, Tibbo, Bullen, Le Breton, Allo and Clapham.

The Attorney General

and

Shamin Ahmed

D.E. Le Cornu, Esq., Crown Advocate.

Advocate Mrs. S.A. Pearmain for the Defendant.

Authorities

Campbell & Ors v AG (1995) JLR 136 C of A.

AG v Welsh (3rd February, 2000) Jersey Unreported; [2000/21].

Rimmer & Ors v AG (19th July, 2001) Jersey Unreported C of A; [2001/148].

AG v Trinidade (20th July, 2000) Jersey Unreported; [2000/141].

AG v Muat (16th March, 1998) Jersey Unreported; [1998/52].

Sentencing by the Superior Number of the Royal Court, to which the Defendant was remanded by the Inferior Number on 12th October, 2001, following a guilty plea to:

1 count of: possession of a controlled drug, with intent to supply, contrary to Article 6(2) of the Misuse of Drugs (Jersey) Law, 1978:

count 1: heroin.

Age: 25

Plea: Guilty

Details of Offence:

Defendant stopped by plain clothed Police Officers in routine stop check. Defendant found to be in possession of an envelope containing £3,460 in cash. A further sum of £408.60 in cash was found in Defendant's pocket (the latter amount subsequently confirmed as being his wages). Defendant also found to be in possession of a cheque book and credit card in the name of a third party. Defendant arrested on suspicion of being in possession of stolen property. At Police Headquarters whilst being taken to cells, Defendant took a bag from his shirt pocket which he threw into a basin near the custody area. Bag found to contain 223 wraps of heroin. A further 6 wraps were found in the sink. Total weight: 22.086 grams of heroin. Street value of between £6,624 – £9,936. In interview Defendant claimed he had been acting as a minder and courier in exchange for a job as a chef.

Details of Mitigation:

25 years old – not of good character but no previous convictions for drugs. He was only a minder and courier – he wanted to stay in Jersey. His only reward for the drugs run was a job and he only minded the drugs for one night – he was not bringing drugs into Jersey. Starting point too high – prosecution failed to take sufficient account of guilty plea – throwing drugs away was an act of desperation – identified supplier – whether information is valuable not an issue – he did not know its value when he gave information. Insufficient weight given to this by the prosecution. Defendant made a bad mistake simply to get a job. Court should in all circumstances reduce conclusions and impose sentence of 5 years.

Conclusions:

6 ¹/₂ years' imprisonment. (8 ¹/₂ years starting point).

Sentence and Observations of Court:

Conclusions granted.

Court agrees that starting point of 8 ¹/₂ yeas is correct in line with A.G v Rimmer. Crown had given sufficient discount for guilty plea. Order that drugs be confiscated and destroyed.

THE COMMISSIONER:

1 On Monday, 13 ^th August, 2001, Ahmed was stopped by plain clothes police officers in Belmont Road. A large amount of money, a chequebook and a credit card in the name of ‘A. Razal’ was found in his possession. Whilst being searched at Police Headquarters he took a plastic bag out of his shirt and threw it into a basin near the custody area. The bag contained 229 wraps of heroin. 25 more wraps of heroin were found in his shirt pocket. The heroin had an average of 37 per cent by weight of diamorphine. The street value was between £6,624 and £9,936, with a wholesale value of between...