AG v Jones [2005] JRC 034 (24 March 2005)
- Citation
- [2005] JRC 034
- 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 appropriate sentence for importing 82 grams of heroin, considering the defendant's role as a courier, guilty plea, and personal mitigation, is 6 years' imprisonment.
Court disposition
convicted and sentenced
Orders
- 6 years' imprisonment
- forfeiture and destruction of the drugs
02
Material facts
Parties
Unknown (Defendant)
Defendant Counsel: Mr HopwoodAttorney General
ProsecutorAmounts and remedies
- Quantity of Heroin Imported: 82
- Street Value (lower Estimate): GBP 25,000
- Street Value (upper Estimate): GBP 38,000
- Courier Fee: GBP 1,000
- Sentence Imposed (years): 6
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
Appropriate sentence for importation of heroin
- 02
Effect of guilty plea and mitigation on sentence
Party arguments
- Applicant
- The defendant acted as a courier for financial reasons, had no previous convictions for dealing with commercial amounts of drugs, had a good work record, overcame a difficult background, and was devastated by his actions. The nature of his role should reduce the starting point for sentencing.
- Respondent
- The Crown suggested a 10-year starting point based on the quantity of heroin imported, referencing sentencing guidelines.
05
Court’s reasoning
Legal principles
- 01
Rimmer Lusk & Bade -v- AG [2001JLR173]
Sentencing for importation of heroin is based on quantity, with adjustments for role and mitigation.
- 02
Campbell & Ors. -v- A. G. [1995JLR136]
Full discount for guilty plea is not available where drugs are concealed internally.
06
Ratio, limits and disposition
Ratio decidendi
The appropriate sentence for importing 82 grams of heroin, considering the defendant's role as a courier, guilty plea, and personal mitigation, is 6 years' imprisonment.
Obiter and limits
- The defendant had suffered a chapter of misfortunes and was out of work, leading to his involvement for financial gain.
- The defendant has no previous convictions for dealing with commercial amounts of drugs and has a good work record.
Court disposition
convicted and sentenced
- 6 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. This defendant imported 82 grams of heroin with a street value of between £25,000 and £38,000 into Jersey concealed internally. He acted as a courier in return for a fee of £1,000, but fortunately he was detected at the airport.
2. We must first consider the starting point. This falls within the 9 to 11 year bracket, for 50 -100 grams as laid down in Rimmer Lusk & Bade -v- AG [2001JLR173]. The Crown has suggested 10 years which is the mid-point. That would be correct purely on terms of quantity, but we must also take into account the nature of the defendant's rôle. We accept Mr Hopwood's submission that that takes it down and we set a starting point of 9 years.
3. In mitigation there is the guilty plea, but it was, of course, a case where drugs were concealed internally and therefore a full discount is not available. We accept that this was a drug run done for financial reasons. The defendant had suffered a chapter of misfortunes as we have heard, and was out of work when he returned from Australia and he, therefore, succumbed to the temptation of an easy £1,000.
4. He has previous convictions, including several for possession of drugs, but we take into account that there are none for dealing with commercial amounts of drugs. He has a good work record, and in particular he has overcome a very difficult background that we have read about; and we have also read carefully the letter which shows that he is devastated by what he has done.
5. As we say, we think the starting point should be dropped by one year, but we think that overall the mitigation allowed of three years is correct. The sentence of the Court will, therefore, be 6 years' imprisonment and we order the forfeiture and destruction of the drugs. Authorities Rimmer Lusk & Bade -v- AG [2001JLR173]. Campbell & Ors. -v- A. G. [1995JLR136]. Valler -v- A. G. [2002JLR383]. Page Last Updated: 18 Aug 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
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