Jersey Judgment

AG v Kyriakou [2024] JRC 004 (04 January 2024)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

Given the high purity and quantity of cocaine, and the defendant's role, a starting point of 9½ years' imprisonment is appropriate. Full credit for early guilty plea reduces sentence to 6 years and 4 months.

Court disposition

convicted and sentenced

Orders

  • Imprisonment for 6 years and 4 months
  • Postponement of destruction and forfeiture order for drugs
  • Postponement of confiscation matter for further directions on 5 April 2024

02

Material facts

Parties

Andrew Kyriakou

Defendant

Crown

Prosecutor

Amounts and remedies

  • Weight of Cocaine: 57.36
  • Purity Percentage: 82
  • Street Value Lower Estimate: GBP 7,000
  • Street Value Upper Estimate: GBP 12,800
  • Advance Payment to Defendant: GBP 300
  • Promised Payment on Delivery: GBP 2,000
  • Gambling Debt: GBP 2,000
  • Sentence Imposed (months): 76

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

Party arguments

Applicant
Defendant pleaded guilty at first opportunity, admitted to importing cocaine due to gambling debt, and referenced threats and harm to family as a consequence of offending. Counsel suggested a starting point of approximately 9 years imprisonment.
Respondent
Crown suggested a starting point of 10 years imprisonment in accordance with Rimmer v AG [2001] JLR 373, emphasizing the high purity and quantity of drugs.

05

Court’s reasoning

  1. 01

    Rimmer v AG [2001] JLR 373

    Sentencing for importation of high purity cocaine should reflect seriousness, with starting points guided by precedent.

  2. 02

    Judicial reasoning in present judgment

    Mitigation does not extend to consequences such as threats to family resulting from involvement in drug trafficking.

06

Ratio, limits and disposition

Ratio decidendi

Given the high purity and quantity of cocaine, and the defendant's role, a starting point of 9½ years' imprisonment is appropriate. Full credit for early guilty plea reduces sentence to 6 years and 4 months.

Obiter and limits

  • Threats and harm to family are regrettable but do not amount to mitigation; they are a common consequence of this type of offending.

Court disposition

convicted and sentenced

  • Imprisonment for 6 years and 4 months
  • Postponement of destruction and forfeiture order for drugs
  • Postponement of confiscation matter for further directions on 5 April 2024

Source and reliance status

Official court record

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Judgment reading view

Judgment text

The complete available source text.

Source document

Court record

Judgment

[2024] JRC 004

JUDGMENT THE deputy BAILIFF: 1. Andrew Kyriakou, you are 55 years old and from London. You have appeared before the English Courts on several occasions, although not for some years and not for an offence such as this, namely drug trafficking. The Probation Officer notes that your previous offending is largely a consequence of drug use.

2. For some years you have been a user of cocaine, and you say, and the Crown do not challenge your assertion, that earlier last year you had accrued a gambling debt of £2,000 and, in consequence, agreed to import a significant quantity of cocaine into Jersey. This you did, arranging a day trip to the island on 12 July 2023. You arrived by boat and had a plane ticket booked for your intended return that evening. You were stopped by customs officers on arrival and gave a false account about a plan to meet friends here but you were unable to say where you were to meet them. Scans of your mobile telephone and jacket revealed positive indications for the presence of cocaine. The following day, you produced a quantity of cocaine that you had concealed internally weighing 57.36 grams with a high purity (82%), and a street value of between £7,000 and £12,800. The cocaine would have had higher value had it been adulterated (or cut) two or three times before distribution in the island.

3. In interview you made admissions, saying that you had been paid £300 in advance to import these drugs into Jersey, and were to receive a further £2,000 upon safe delivery to the recipient.

4. To your credit, you pleaded guilty at the first opportunity on the 14 July, just two days after you committed this offence. Accordingly, you will receive full credit for your plea of guilty.

5. We have read the Pre-Sentence Report and the letters from you, your wife, your sister and a friend. We know that as a consequence of your offending your wife and children have been threatened and their home has been ransacked. Regrettably such an occurrence is an all too common consequence of involvement in this sort of offence and does not, in our judgment, amount to mitigation. It is simply part and parcel of the offending that you chose to involve yourself in.

6. The Crown suggests a starting point, in accordance with the case of Rimmer v AG [2001] JLR 373 , of 10 years imprisonment. Your counsel suggest a starting point of approximately 9 years imprisonment.

7. Having regard to the high purity of the drugs, your role and the weight of the drugs involved, we fix the starting point as 9½ years' imprisonment.

8. We postpone the destruction and forfeiture order sought in relation to the drugs. In respect of confiscation, we have made various orders and postpone the matter for further directions on 5 April 2024.

9. The sentence we impose, having regard to all the circumstances of this case, is 6 years and 4 months' imprisonment. Authorities Rimmer v AG [2001] JLR 373 . Misuse of Drugs (Jersey) Law 1978 Customs and Excise (Jersey) Law 1999 Proceeds of Crime (Jersey) Law 1999 Whitehouse v AG 2002/134 AG v Goodwin [2016] JRC 165 AG v Mkatapa [2020] JRC 037 AG v Goncalves [2022] JRC 097 AG v Delduca [2023] JRC 185 Page Last Updated: 16 Jan 2024 Back to top About JLIB Accessibility Contacts Copyright Disclaimer Feedback Privacy policy Site map This website is not compatible with your web browser. You should install a newer browser . If you live in Jersey and need help upgrading call the States of Jersey web team on 440099. BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Rimmer v AG [2001] JLR 373

Case cited

Whitehouse v AG 2002/134

Case cited

AG v Goodwin [2016] JRC 165

Case cited

AG v Mkatapa [2020] JRC 037

Case cited

AG v Goncalves [2022] JRC 097

Case cited

AG v Delduca [2023] JRC 185

Case cited

Misuse of Drugs (Jersey) Law 1978

Legislation

Legislation referenced in the available case record.

Customs and Excise (Jersey) Law 1999

Legislation

Legislation referenced in the available case record.

Proceeds of Crime (Jersey) Law 1999

Legislation

Legislation referenced in the available case record.

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