AG -v- Dobson [2011] JRC 197 (05 October 2011)

JUDGMENT THE DEPUTY BAILIFF: 1. Mr Dobson, you arrived at Jersey Airport on 28 th April, carrying a large blue holdall, a computer satchel and a clear duty free bag containing tobacco. You were asked if you had anything to declare, including controlled drugs, and you said "no". Inside the bag were, however, some controlled drugs, 97.66 grams of cocaine at between 5% and 6% purity. In addition there was a self seal clear plastic bag which contained a further 96 clear self seal plastic bags. It seems pretty apparent from that, that the drugs were ready to be divided up and sold.

2. The Court's sentencing policy in relation to drug trafficking offences is well settled and these were Class A drugs. We follow the approach which has been set out in Rimmer Lusk and Bade-v-AG [2001] JLR 373 . It has been suggested that because of the relatively low street value of cocaine as opposed to heroin, we ought to reduce the starting point but it is clear from the case of Rimmer that street value is just one factor and a relatively minor factor to be taken into account. We have to have regard to your role in drug trafficking and, as I say, we have had regard to the fact that you not only brought the drugs in yourself, but you had with you the self seal bags in order that they could be divided up. In the circumstances the Court thinks that a starting point of 10 years' imprisonment is correct.

3. We have then looked to see what mitigation is available to you; we have given you credit for your guilty plea and the fact that you entered that plea very early. We have noted the remorse which you have expressed and noted that you have no previous convictions for drugs offences; also the other matters raised by your counsel and indeed having regard to all the information which is before the Court.

4. Nonetheless, we consider the conclusions of the Crown to be right and you are therefore sentenced to 5½ years' imprisonment.

5. We also order the forfeiture and destruction of the drugs. Authorities Rimmer Lusk and Bade-v-AG [2001] JLR 373 . Page Last Updated: 18 Aug 2016 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII