Attorney General v Michael Mario Rossel
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal Sentencing / Judgment After Guilty Plea
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court considered the available mitigation but held that the offence was a deliberate act of drug trafficking involving approximately £20,000 worth of cannabis resin transported from Thailand to Jersey, and concluded that the indicated sentence of two years' imprisonment was appropriate.
Court disposition
Convicted on plea of guilty; sentenced to two years' imprisonment; drugs forfeited and destroyed.
Orders
- Sentence on count 1: two years' imprisonment
- Forfeiture and destruction of the drugs
02
Material facts
Parties
The Attorney General
Applicant Counsel: C.E. Whelan, Esq., Crown AdvocateMichael Mario Rossel
Accused Counsel: M. GuillaumeAmounts and remedies
- Age: 39
- Quantity of Cannabis Resin (kg): 3.8
- Estimated Value of Cannabis Resin Low: £ 16,000
- Estimated Value of Cannabis Resin High: £ 22,000
- Fee in US Dollars: US dollars 4,000
- Sentence Length in Years: 2
03
Procedural history
Posture
Criminal Sentencing / Judgment After Guilty Plea
04
Questions and positions
Legal issues
- 01
Sentence for knowingly being concerned in the fraudulent evasion of the prohibition on the importation of a controlled drug
- 02
Appropriate sentence in light of deliberate drug trafficking and mitigation
Party arguments
- Respondent
- The accused relied on mitigation, including that he needed the money for health treatment, that his business had suffered following a stroke two years earlier, and other matters.
05
Court’s reasoning
Legal principles
- 01
Judgment of the Bailiff
Deliberate drug trafficking involving the transport of a substantial quantity of cannabis for delivery in Jersey warrants a custodial sentence.
06
Ratio, limits and disposition
Ratio decidendi
The court considered the available mitigation but held that the offence was a deliberate act of drug trafficking involving approximately £20,000 worth of cannabis resin transported from Thailand to Jersey, and concluded that the indicated sentence of two years' imprisonment was appropriate.
Obiter and limits
- The court noted that the drugs were to be delivered in Jersey and ordered their forfeiture and destruction.
Court disposition
Convicted on plea of guilty; sentenced to two years' imprisonment; drugs forfeited and destroyed.
- Sentence on count 1: two 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
1999/74A 2 pages
ROYAL COURT (Samedi Division) 30th April, 1999, Before: Sir Philip Bailhache, Bailiff and Jurats Myles, Potter. The Attorney General -v- Michael Mario Rossel. 1 count of: being knowingly concerned in the fraudulent evasion of the prohibition on the importation of a controlled drug., contrary to Article 77(b) of the Customs & Excise (General Provisions) (Jersey) Law 1972. Count 1: Cannabis resin. Age: 39. Plea: Guilty. Details of Offence: Arrested at the airport with 3.8kgs of cannabis resin (£16,000 - £22,000) taped to his body. He was delivering it from Thailand for a fee of 4,000 US dollars. Had flown from Thailand via Zurich. German national, resident in Thailand. Details of Mitigation: Plea: needed the money for health treatment, business has suffered following his stroke 2 years earlier, other matters. Previous Convictions: Nil. Conclusions: 2 years’ imprisonment. Sentence & Observations of Court: Conclusions granted. C.E. Whelan, Esq., Crown Advocate Advocate M. Guillaume for the accused.
JUDGMENT THE BAILIFF: Rossel, the Court has given very careful consideration to all the mitigation which is available in this case, but at the end of the day - as we are sure you know - this was a quite deliberate act of drug trafficking, whereby you carried some £20,000 worth of cannabis, as the Crown Advocate has said, halfway across the world for delivery in Jersey. We think the conclusions are right, and you are accordingly sentenced on count 1 to two years’ imprisonment. We order the forfeiture and destruction of the drugs. Authorities A.G -v- Shoesmith (19th March, 1999) Jersey Unreported. Campbell, Molloy, and MacKenzie -v- A.G. (1995) JLR 136 CofA.
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