AG -v- Logan [2015] JRC 113 (27 May 2015)

JUDGMENT THE DEPUTY BAILIFF: 1. You are to be sentenced today in respect of one count of being concerned in the fraudulent evasion of the prohibition on the importation of a controlled drug, namely 340 bars of cannabis resin with a total weight of 33.402 kg and a wholesale value of approximately £40,000 and a Jersey street value of between £500,000 and £660,000. That cannabis was discovered hidden in a Mazda motor vehicle which you were driving when you disembarked from Weymouth on 6 th February of this year. The cannabis was hidden in the spare wheel, behind the door trims, and in other places throughout the vehicle.

2. Although the evidence was strong you continued, in interview, to deny any knowledge of the hidden cannabis. You have previous convictions for drugs, although we note that these were some 14 years ago and dealt with by way of a financial penalty. You are assessed as a high risk of reoffending, particularly in connection with drugs offences and we note that there is no clear indication of remorse. Your motivation for the importation appears to be nothing more than financial reward. You have, of course, pleaded guilty but you will appreciate that the evidence against you was very strong indeed and you did not do so at the earliest opportunity. However, you are entitled to an appropriate amount of discount to reflect your guilty plea.

3. We have regard to the guideline case of Campbell Molloy and Mackenzie-v-AG [1995] JLR 136 and the other cases put before us as examples by the Crown. In our view the starting point for this offences, as indeed your counsel agrees, given the quantity of drugs and the value, is as the Crown suggests, one of 10 years.

4. We have considered with great care all that your counsel has said on your behalf and all of the papers before the Court but we consider that the Crown's conclusions are nonetheless entirely correct.

5. The sentence of this Court is that you will go to prison for 7 years.

6. We also order the forfeiture and destruction of the drugs. Authorities Campbell Molloy and Mackenzie-v-AG [1995] JLR 136 . AG-v-Dicker and Ors 1998/216. AG-v-Travis and Others 2000/80. AG-v-O'Connor and Others [2006] JRC 194. AG-v-Brown [2008] JRC 208 . AG-v-Allman-Jones [2010] JRC 230A . Page Last Updated: 24 Jan 2018 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII