The Attorney General v Adam Brian Hole and Kieran Davey Rice and Urbino Vieira Rodrigues

• Jurisdiction: Jersey
• Court: Royal Court
• Judge: Sir Michael Birt,Jurats Nicolle,Blampied,Grime,Ronge,Pitman,Dulake
• Judgment Date: 22 March 2018
• Neutral Citation: [2018] JRC 62A
• Date: 22 March 2018

The Attorney General

and

Adam Brian Hole

Kieran Davey Rice

Urbino Vieira Rodrigues

[2018] JRC 062A

Before:

Sir Michael Birt, Commissioner, and Jurats Nicolle, Blampied, Grime, Ronge, Pitman and Dulake.

Royal Court

(Samedi)

Superior Number Sentencing — converting the proceeds of criminal conduct — drugs — importation — possession — supply — Class B

Sentencing by the Superior Number of the Royal Court, following guilty pleas to the following charges:

Adam Brian Hole

1 count of: Entering into or becoming concerned in an arrangement that facilitates, by any means, the acquisition, use, possession or control of criminal property by or on behalf of another person, contrary to Article 30(3) of the Proceeds of Crime (Jersey) Law 1999 (Count 5).

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 (Counts 9 and 10).

Age: 37.

Plea: Guilty.

Details of Offence:

In July 2017 Hole booked a ticket with Condor Ferries to travel on 27 ^th July, 2017, from Portsmouth to Jersey with a VW Passat registration KN60ACU. He made a reservation to stay at Bohemia.

On 31 ^st July, 2017, Rice was under surveillance by police officers. That evening police observed a male, later identified as Rodrigues, driving in the area of La Retraite. Rice was observed getting into the car and then exiting, carrying a dark-coloured Adidas holdall.

On the morning of 1 ^st August, 2017, police were on duty in the area of Bohemia car park. Officers saw Hole, outside the hotel, using his phone. Later analysis of the phone showed that he had been in communication with a mobile attributed to Rice. At this time Hole's silver VW Passat was parked in the rear car park of the hotel.

A car driven by a friend of Rice then entered the rear car park at Bohemia. Rice was in the front passenger seat. Rice got out, met Hole and handed him a blue Adidas bag. The two were seen shaking hands. Rice was then seen carrying a black and white plastic bag that “appeared very heavy”.

An officer approached the driver of the car and identified himself. Rice appeared as though he was “about to faint”. He was arrested on suspicion of drug trafficking offences. His phone was seized, together with the black and white plastic bag.

A search of the plastic bag revealed that it contained:

• • 110 bars of cannabis resin weighing a total of 10.77 kilograms with an estimated local street value of between £161,595.00 and £215,460.00 (wholesale value between £44,000.00 and £66,000.00) (Counts 9 and 14A)

• • Approximately 3,454 buprenorphine (Buprenorphine or “subutex”) tablets, weighing a total of 1.38 kilograms (potential street value £276,400.00) (Counts 10 and 15A)

At around the same time Hole was arrested in the carpark. When asked “Do you have anything on you?” Hole responded, indicating to the Passat, “It's in the car I just collected a bag. I don't know what's in it”.

The blue Adidas holdall was seized from the boot of the Silver Passat (the car was later found to have a secret compartment in the boot). The Adidas holdall was found to contain:

• • 14 bundles of cash totalling £115,000.00 (Count 5)

• • 7 packages containing approximately 13,990 pink N-ethylpentylone tablets weighing a total of 5.16 kilograms (potential street value, if sold as “ecstasy”, between £209,865.00 and £349,775.00) (Count 16)

The police subsequently searched Rice's home address, seizing:

• • Two bags containing 96.06 grams and 99.03 grams respectively of light brown crystalline MDMA with a purity of 74% (potential local street value if sold as 1 gram ‘deals’ in the region of £20,000.00) (Count 17).

• • A carrier bag containing 20 bars of cannabis resin weighing approximately 1.94 kilograms (under Rice's bed); local street value between £29,100.00 and £38,800.00, with a wholesale value of between £8,000.00 and £12,000.00 (Count 19).

• • A glass bowl containing 24.29 grams of cannabis resin, a large yellow kinder egg containing 23.75 grams of cannabis resin, a small glass jar containing 3.53 grams of cannabis resin, and a piece of cling film containing 2.16 grams of cannabis resin (together totalling approximately 54 grams); approximate street value between £870.00 and £1,120.00 (Count 20).

• • A further 16 pink N-ethylpentylone tablets, including fragments and residue of pink powder; if sold as ‘ecstasy’, a street value of between £240.00 and £400.00 (Count 22)

• • A money (note) counter, £402.00 cash and bank cards.

• • lined paper with contact details (including Hole's mobile number).

• • Rolls of masking tape, a vacuum sealer and vacuum food bags and yellow rubber gloves and cling film.

Rodrigues was arrested at home later that day. He later admitted having a party at his home address on 28 ^th July, 2017, at which Rice was present, during which Rice handed out pink tablets/drugs from a dark coloured Adidas holdall. Rodrigues stated that Rice had left the Adidas holdall at his house that night, and that he (Rodrigues) had dropped this off to Rice on 31 ^st July, 2017; knowing that it contained some pink tablets/drugs but having no knowledge of the quantity in the bag (Count 8).

Details of Mitigation:

Guilty plea, remorse, two young children.

Previous Convictions:

Several previous convictions including offences against the person, theft and public order matters, and one conviction for possession of a Class A controlled drug in March 2016.

Conclusions:

Count 5: Starting point 6 years' imprisonment. 3 ¹/₂ years' imprisonment.

Count 9: Starting point 6 years' imprisonment. 3 ¹/₂ years' imprisonment, concurrent.

Count 10: Starting point 8 years' imprisonment. 5 years' imprisonment, concurrent.

Total: 5 years imprisonment.

Confiscation Order sought in the sum of £115,000.

Seizure and forfeiture of the VW Passat sought.

Forfeiture and destruction of the drugs sought.

Sentence and Observations of Court:

Count 5: Starting point 6 years' imprisonment. 3 ¹/₂ years' imprisonment.

Count 9: Starting point 6 years' imprisonment. 3 ¹/₂ years' imprisonment, concurrent.

Count 10: Starting point 9 years' imprisonment. 5 ¹/₂ years' imprisonment, concurrent.

Total: 5 ¹/₂ years' imprisonment.

Confiscation Order made in the sum of £115,000.

Seizure and forfeiture of the VW Passat ordered.

We also order the forfeiture and destruction of the drugs ordered.

Kieran Davey Rice

1 count of: Entering into or becoming concerned in an arrangement that facilitates, by any means, the acquisition, use, possession or control of criminal property by or on behalf of another person, contrary to Article 30(3) of the Proceeds of Crime (Jersey) Law 1999 (Count 5).

4 counts of: Possession of a controlled drug with intent to supply it to another, contrary to Article 8(2) of the Misuse of Drugs (Jersey) Law 1978 (Counts 14A, 15A, 17, and 19).

1 count of: Supply of a controlled drug, contrary to Article 5(b) of the Misuse of Drugs (Jersey) Law 1978 (Count 16).

2 counts of: Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978 (Counts 20 and 22).

Age: 31.

Plea: Guilty.

Details of Offence:

See above.

Details of Mitigation:

Guilty plea, remorse, difficult family circumstances, health problems as a result of drug use.

Previous Convictions:

Several previous convictions for drugs offences including possession of MDMA and cannabis, permitting his premises to be used for smoking cannabis and the supply of cannabis.

Conclusions:

Count 5: Starting point 6 years' imprisonment. 3 ¹/₂ years' imprisonment.

Count 14A: Starting point 6 years' imprisonment. 3 ¹/₂ years' imprisonment, concurrent.

Count 15A: Starting point 7 years' imprisonment. 4 years' imprisonment, concurrent.

Count 16: Starting point 8 years' imprisonment. 5 years' imprisonment, concurrent.

Count 17: Starting point 15 years' imprisonment. 9 ¹/₂ years' imprisonment, concurrent.

Count 19: Starting point 2 ¹/₂ years' imprisonment. 18 months' imprisonment, concurrent.

Count 20: Sentence: 3 months' imprisonment, concurrent.

Count 22

Sentence: 3 months' imprisonment, concurrent.

Total: 9 ¹/₂ years' imprisonment.

Confiscation Order sought in the sum of £402.00.

Forfeiture and destruction of the drugs sought.

Sentence and Observations of Court:

Count 5: Starting point of 6 ¹/₂ years' imprisonment. 4 years' imprisonment.

Count 14A: Starting point of 6 years' imprisonment. 3 ¹/₂ years' imprisonment, concurrent.

Count 15A: Starting point of 7 years' imprisonment. 4 years' imprisonment, concurrent.

Count 16: Starting point of 8 years' imprisonment. 5 years' imprisonment, concurrent.

Count 17: Starting point of 15 years' imprisonment. 9 ¹/₂ years' imprisonment, concurrent.

Count 19: Starting point of 2 ¹/₂ years' imprisonment. 18 months' imprisonment, concurrent.

Count 20: 3 months' imprisonment, concurrent.

Count 22 3 months' imprisonment, concurrent.

Total: 9 ¹/₂ years' imprisonment.

The Court adjourned the matter of confiscation to a date to be fixed.

Forfeiture and destruction of the drugs ordered.

Urbino Vieira Rodrigues

1 count of: Being knowingly concerned in the supply of a controlled drug, contrary to Article 5(c) of the Misuse of Drugs (Jersey) Law 1978 (Count 8).

Age: 30.

Plea: Guilty.

Details of Offence:

See above.

Details of Mitigation:

Guilty plea, remorse, support of family, of good character.

Previous Convictions:

No relevant previous convictions.

Conclusions:

Count 8: 18 months' imprisonment.

Total: 18 months' imprisonment.

Sentence and Observations of Court:

Count 8: The Court sentenced Rodrigues to time served, namely 11 months and 14 days' imprisonment and ordered his immediate release from custody.

Authorities

Campbell & Ors v AG [1995] JLR 136 .

AG v Matutite [2013] JRC 047 .

AG v Tranchant [2014] JRC 052 .

AG v Eagle [2014] JRC 076 .

AG v Goodwin ...