AG -v- Hamilton and Owens [2010] JRC 121 (01 July 2010)

AG -v- Hamilton and Owens [2010] JRC 121 (01 July 2010)

The defendants were knowingly concerned in the importation of cocaine, and their belief that they were importing money does not mitigate the offence or take it outside the Rimmer guidelines. The seriousness of the offence justifies a custodial sentence despite their youth.

Citation
[2010] JRC 121
Parties
Defendant: Hamilton; Defendant: Owens; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
01 July 2010
Procedural Posture
Criminal / Sentencing After Conviction at Trial
Outcome
convicted and sentenced
Legal Topics
Drug Importation, Sentencing, Mens Rea, Youth Offenders
Criminal Law Drug Importation Sentencing Mens Rea Youth Offenders

Case Brief

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Parties

Hamilton

Defendant

Owens

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing After Conviction at Trial

Legal Issues

  1. 1 What is the required mens rea for importation of prohibited drugs under Article 61(2)(b) of the 1999 Law?
  2. 2 Does the defendants' belief that they were importing money affect sentencing?
  3. 3 What is the appropriate sentence for young offenders convicted of importing cocaine?

Ratio Decidendi

The defendants were knowingly concerned in the importation of cocaine, and their belief that they were importing money does not mitigate the offence or take it outside the Rimmer guidelines. The seriousness of the offence justifies a custodial sentence despite their youth.

Court Disposition

convicted and sentenced

Orders

  • Both defendants sentenced to 8 years' youth detention.
  • Forfeiture and destruction of the drugs ordered.