The Attorney General v Sebastien Le Breton

• Jurisdiction: Jersey
• Court: Royal Court
• Judge: Sir William Bailhache,Jurats Austin-Vautier,Averty
• Judgment Date: 02 December 2022
• Neutral Citation: [2022] JRC 266

The Attorney General

and

Sebastien Le Breton

[2022] JRC 266

Before:

Sir William Bailhache, Commissioner, and Jurats Austin-Vautier and Averty

ROYAL COURT

(Samedi)

Inferior Number Sentencing — drugs — importation — Class A and Class B

Sentencing by the Inferior Number of the Royal Court, following a guilty plea to the following charges:

2 counts of: Being knowingly concerned in the fraudulent evasion of the prohibition on the importation of goods, contrary to Article 61(2)(b) of the Customs and Excise (Jersey) Law 1999 (Count 1 and Count 2).

Age : 44.

Plea: Guilty.

Details of Offence:

On 24 ^th October 2022, the Defendant arrived in the Island as a foot passenger on the ferry from France. He was stopped by Customs Officers and stated that he was working in construction in the Island on a 6 month-long work permit. His luggage was searched during which officers seized two tape-wrapped blocks of cannabis resin weighing 194.23 grams in total (Count 1). The Defendant told the officers it was “hash”. Officers also seized 7 methadone tablets of 20mg each (Count 2), a butane gas cannister, a roll of tin foil, a mini blow torch, and a bent spoon with burn marks from his luggage. He provided the PIN for his mobile phone. However, nothing of evidential value was retrieved from the phone download.

In interview, the Defendant provided mixed response and no comment answers. He initially claimed that this was his first trip to Jersey and that the methadone was from his doctor, but then stated it was given to him by a friend. In respect of the cannabis resin, the Defendant told the interviewing officers that he had purchased this from a dealer in France for €800 and that it was for his own personal use. The Crown did not accept that the cannabis was for personal use.

Details of Mitigation:

Guilty pleas entered at first appearance, no relevant previous convictions, drugs imported for personal use.

Previous Convictions:

Conviction in France for driving without a licence or while disqualified.

Conclusions:

Count 1: Starting point 9 months' imprisonment. 6 months' imprisonment.

Count 2: Starting point 7 years' imprisonment. 18 months' imprisonment, concurrent.

Total: 18 months' imprisonment.

Order for forfeiture and destruction of drugs sought.

Recommendation for deportation sought.

Sentence and Observations of Court:

Count 1: 2 months' imprisonment.

Count 2: 9 months' imprisonment, concurrent.

Total: 9 months' imprisonment.

Order for forfeiture and destruction of drugs granted.

Recommendation for deportation made

Authorities

Campbell v AG [1995] JLR 136.

Rimmer & Ors v AG [2001] JLR 373

Bonnar v AG [2001] JLR 626

AG v Quirke [1994] JRC 093

AG v Gittens [2018] JRC 201

AG v Massay [2022] JRC 208

R v Cairns [2013] EWCA Crim 467

Camacho v AG [2007] JLR 462

Ms C. L. G. Carvalho, Crown Advocate.

Advocate C. R. Baglin for the Defendant.

THE COMMISSIONER:

1 Mr Le Breton you have been charged and pleaded guilty to two counts on the Indictment. The first is being knowingly concerned in the importation of cannabis, and the second is being knowingly concerned in the importation of methadone. The amount of cannabis was 200 grams and the methadone was 7 tablets at something under a gram.

2 The methadone was said to be worth £140 at street value and I am going to deal with the methadone first because that is a Class A drug and this Island regards the importation of any drugs, but particularly Class A drugs, as very serious. That is why we have a sentencing approach which requires us to start at a sentence of 7 years' imprisonment for the...