AG v Cheslin [2004] JRC 052 (16 March 2004)
- Citation
- [2004] JRC 052
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Sentencing
More details
- Posture
- Criminal / Sentencing
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Given the amount of cannabis and the defendant's role as courier, a 7-year starting point is appropriate; a 2-year deduction for a late guilty plea results in a 5-year sentence.
Court disposition
convicted and sentenced
Orders
- 5 years imprisonment
- forfeiture and destruction of the drugs
02
Material facts
Parties
[Defendant Name Not Provided]
Defendant Counsel: Mr GollopThe Crown
ProsecutionAmounts and remedies
- Cannabis Resin Imported (kg): 18.5
- Street Value of Drugs: GBP 106,000
- Sentence (years): 5
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
appropriate sentence for importation of cannabis resin
- 02
effect of guilty plea on sentence
- 03
relevance of previous convictions
Party arguments
- Applicant
- Mitigation based on guilty plea and absence of previous drug convictions; references and psychological report considered.
- Respondent
- Starting point of 7 years appropriate due to amount and courier role; limited mitigation due to late guilty plea and previous convictions.
05
Court’s reasoning
Legal principles
- 01
Campbell [1995] JLR 136
Starting points for sentencing in drug importation cases involving 10-30 kilos are 6-10 years.
06
Ratio, limits and disposition
Ratio decidendi
Given the amount of cannabis and the defendant's role as courier, a 7-year starting point is appropriate; a 2-year deduction for a late guilty plea results in a 5-year sentence.
Court disposition
convicted and sentenced
- 5 years imprisonment
- forfeiture and destruction of the drugs
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
JUDGMENT THE DEPUTY BAILIFF: 1. You imported 18½ kilos or so of cannabis resin with a street value of £106,000 into Jersey. It was concealed in various places in the car which you were driving. It was clearly quite a sophisticated operation to have hidden the cannabis in that manner. It is accepted that you were acting as a courier.
2. The case of Campbell [1995]JLR136 gives guidance as to starting points for between 10 - 30 kilos: between 6 - 10 years. Having regard to the amount and to the nature of your role as a courier we agree with the Crown that a starting point of 7 years was correct.
3. The main mitigation is that you pleaded guilty. That is of value in this case We accept what Mr Gollop has said in that respect, but you lied to start with and you did not enter the plea of guilty at an early opportunity. It was not until 4 th February that you pleaded guilty, therefore, you are not entitled to a full discount for a plea of guilty.
4. You have previous convictions although it is true that you do not have any previous drug convictions. We have read carefully the Social Enquiry Report and the Psychological Report and the references, but all in all there is not a great deal of mitigation apart from the guilty plea. In the circumstances we think a deduction of 2 years is adequate to reflect that. The sentence therefore, is one of 5 years imprisonment and we order the forfeiture and destruction of the drugs. Authorities Cambell & Ors [1995]JLR136. Page Last Updated: 18 Jun 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
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