AG v Watts [2019] JRC 021 (11 February 2019)
- Citation
- [2019] JRC 021
- 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 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
DefendantAmounts and remedies
- Weight of Cocaine: 26.47
- Street Value (lower Estimate): GBP 2,200
- Street Value (upper Estimate): GBP 2,800
03
Procedural history
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
Legal principles
- 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
The complete available source text.
Court record
Judgment
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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