AG v Foster [2004] JRC 161 (13 September 2004)

AG v Foster [2004] JRC 161 (13 September 2004)

The appropriate sentence for Foster, as a low-level courier ('mule') with substantial mitigation and an early guilty plea, is 4 years' imprisonment, reduced from the guideline starting point due to his minimal involvement and personal circumstances.

Citation
[2004] JRC 161
Parties
Defendant: Foster; Prosecutor: Crown Advocate
Jurisdiction
Jersey
Judgment Date
13 September 2004
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Drug Importation, Sentencing, Mitigation
Criminal Law Drug Importation Sentencing Mitigation

Case Brief

Summary, issues, holding and outcome

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Parties

Foster

Defendant

Crown Advocate

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 appropriate sentence for importation of heroin
  2. 2 degree of involvement in drug trafficking
  3. 3 mitigation for guilty plea and personal circumstances

Ratio Decidendi

The appropriate sentence for Foster, as a low-level courier ('mule') with substantial mitigation and an early guilty plea, is 4 years' imprisonment, reduced from the guideline starting point due to his minimal involvement and personal circumstances.

Court Disposition

convicted and sentenced

Orders

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