AG -v- Graham [2009] JRC 240 (10 December 2009)

AG -v- Graham [2009] JRC 240 (10 December 2009)

The court found insufficient evidence to support the defendant's claim that he believed the second package contained only BZP, not cocaine. The court rejected this mitigation argument and imposed a sentence reflecting the seriousness of cocaine importation, with some allowance for guilty plea and cooperation.

Citation
[2009] JRC 240
Parties
Defendant: Graham; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
10 December 2009
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Drug Importation, Sentencing, Mitigation
Criminal Law Drug Importation Sentencing Mitigation

Case Brief

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Parties

Graham

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the defendant's belief about the contents of the imported package mitigates culpability
  2. 2 Appropriate sentence for importation of cocaine and BZP

Ratio Decidendi

The court found insufficient evidence to support the defendant's claim that he believed the second package contained only BZP, not cocaine. The court rejected this mitigation argument and imposed a sentence reflecting the seriousness of cocaine importation, with some allowance for guilty plea and cooperation.

Court Disposition

convicted and sentenced

Orders

  • Imprisonment for 6 years
  • Forfeiture and destruction of the drugs