AG v Foulger 30-Nov-2020 [2020] JRC 250 (30 November 2020)

AG v Foulger 30-Nov-2020 [2020] JRC 250 (30 November 2020)

The defendant imported 35.45 grams of cocaine, partly for personal use and partly for onward supply. The appropriate starting point is 9 years' imprisonment, with mitigation for partial personal use and a reduced discount for the guilty plea due to the Newton Hearing. The final sentence is 6 years and 6 months'...

Source-derived case information.

Citation
[2020] JRC 250
Parties
Prosecution: The Crown; Defendant: Defendant
Jurisdiction
Jersey
Judgment Date
30 November 2020
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Drug Importation, Sentencing, Mitigation, Newton Hearing
Criminal Law Drug Importation Sentencing Mitigation Newton Hearing

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Parties

The Crown

Prosecution

Defendant

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the imported cocaine was for personal use or onward supply
  2. 2 Appropriate sentencing for importation of 35.45 grams of cocaine with high purity
  3. 3 Application of sentencing guidelines and mitigation

Ratio Decidendi

The defendant imported 35.45 grams of cocaine, partly for personal use and partly for onward supply. The appropriate starting point is 9 years' imprisonment, with mitigation for partial personal use and a reduced discount for the guilty plea due to the Newton Hearing. The final sentence is 6 years and 6 months' imprisonment.

Court Disposition

convicted and sentenced

Orders

  • 6 years 6 months' imprisonment
  • forfeiture and destruction of the drugs