Jersey Judgment

AG v Watts [2019] JRC 021 (11 February 2019)

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Professional case brief

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Source document

01

Holding and result

The defendant was knowingly concerned in the evasion of the prohibition on importing cocaine, a Class A drug, and the sentence was reduced from the standard starting point due to mitigation.

Court disposition

convicted and sentenced

Orders

  • 5 years' imprisonment
  • forfeiture and destruction of the drugs

02

Material facts

Parties

Mr Watts

Defendant

Amounts and remedies

  • Weight of Cocaine: 26.47
  • Street Value (lower Estimate): GBP 2,200
  • Street Value (upper Estimate): GBP 2,800

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

Knowingly concerned in the evasion of the prohibition on importing controlled drugs (cocaine)

Party arguments

Applicant
Mitigation was put forward by counsel, including personal circumstances and request for sentence reduction.
Respondent
Sentencing policy and starting point of 8 years' imprisonment in accordance with established authorities.

05

Court’s reasoning

  1. 01

    Rimmer and Ors v Attorney General [2001] JLR 373

    Sentencing for importation of Class A drugs follows established policy with a starting point of 8 years' imprisonment.

06

Ratio, limits and disposition

Ratio decidendi

The defendant was knowingly concerned in the evasion of the prohibition on importing cocaine, a Class A drug, and the sentence was reduced from the standard starting point due to mitigation.

Obiter and limits

  • The court expressed hope that the defendant would overcome drug addiction during imprisonment and rebuild his life after release.

Court disposition

convicted and sentenced

  • 5 years' imprisonment
  • forfeiture and destruction of the drugs

Source and reliance status

Official court record

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Judgment reading view

Judgment text

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Source document

Court record

Judgment

[2019] JRC 021

JUDGMENT THE bAILIFF: 1. Mr Watts, you are here to be sentenced on an Indictment containing one charge only namely, being knowingly concerned in the evasion on the prohibition of importing controlled drugs into the Island namely, cocaine. The amount involved had a weight of 26.47 grams and a street value in Jersey of approximately £2,200 to £2,800.

2. Cocaine is a Class A drug and the sentencing policy of this Court is well established as will have been explained to you by your counsel. We have taken a starting point of 8 years' imprisonment in accordance with the authorities and that indeed has not been challenged, and we have listened carefully to the mitigation which your counsel has put forward on your behalf. We are going to reduce the sentence to 5 years' imprisonment, as has been requested.

3. We noted, with sadness that you apparently took up cocaine when you were in custody in the United Kingdom. If you think a little, you will realise that ten years at the age of 28, ten years' imprisonment you have not served it all, but 10 years' imprisonment since you attained majority is a considerable concession to make to drug trafficking and drug taking and the court expresses the hope that in serving your sentence over here that you will beat the habit and be able to get yourself organised because by the time you are released you will still have the whole of your life ahead of you and we earnestly suggest that you should try and do that.

4. We sentence you to 5 years' imprisonment and the drugs are to be forfeited and destroyed. Authorities Rimmer and Ors v Attorney General [2001] JLR 373 . Page Last Updated: 02 Apr 2019 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII

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Authorities

Authorities used by the court

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Rimmer and Ors v Attorney General [2001] JLR 373

Case cited

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