AG v Grocutt [2005] JRC 068 (23 May 2005)
- Citation
- [2005] JRC 068
- 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
The court determined that the appropriate starting point for sentencing was 10 years' imprisonment, reduced by 3 years for mitigating factors, resulting in a 7-year sentence and forfeiture of the drugs.
Court disposition
conviction and sentence
Orders
- 7 years' imprisonment
- forfeiture and destruction of the drugs
02
Material facts
Parties
Grocutt
Defendant Counsel: defence counselCrown Advocate
Prosecutor Counsel: Crown AdvocateAmounts and remedies
- Weight of Heroin: 80
- Street Value of Heroin (lower Estimate): GBP 24,000
- Street Value of Heroin (upper Estimate): GBP 36,000
- Payment to Defendant: GBP 500
- Sentence Length: years 7
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
appropriate sentence for importation of heroin
- 02
application of sentencing guidelines
- 03
consideration of mitigating factors
Party arguments
- Applicant
- Defence counsel urged consideration of mitigating factors for a reduced sentence.
- Respondent
- Crown Advocate submitted that the appropriate starting point was 10 years' imprisonment, referencing guideline case law.
05
Court’s reasoning
Legal principles
- 01
Rimmer -v- AG [2001] JLR 373
Sentencing for drug importation should follow established guidelines, with adjustments for mitigating factors.
06
Ratio, limits and disposition
Ratio decidendi
The court determined that the appropriate starting point for sentencing was 10 years' imprisonment, reduced by 3 years for mitigating factors, resulting in a 7-year sentence and forfeiture of the drugs.
Court disposition
conviction and sentence
- 7 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 BAILIFF: 1. This defendant has pleaded guilty to being knowingly concerned in the fraudulent evasion of the prohibition on the importation of heroin. He brought the drug into Jersey concealed internally. The heroin weighed some 80 grams and had a street value of between £24,000 and £36,000.
2. Grocutt stated that he was due to receive a payment of £500 as a consideration for importing the drug. He was not prepared to assist the authorities either by revealing his supplier or the identity of the intended recipients.
3. Applying the guideline case of Rimmer -v- AG [2001]JLR373 we agree with the Crown Advocate that the appropriate starting point in this case is one of 10 years' imprisonment. We have considered all the matters urged upon us by defence counsel, having taken all those matters into consideration we think that the allowance of 3 years for the mitigating factors made by the Crown Advocate is entirely appropriate and correct.
4. The sentence of the Court is that you will go to prison for 7 years and we order the forfeiture and destruction of the drugs. Authorities Campbell & Ors -v- A. G . [1995]JLR 136. Rimmer & Ors -v- A. G. [2001]JLR 373. Page Last Updated: 14 Jul 2016 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
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