AG -v- Lester and Ors [2011] JRC 029B (01 February 2011)

AG -v- Lester and Ors [2011] JRC 029B (01 February 2011)

Sentences were determined by reference to the high purity of the cocaine, the quantity imported, the degree of involvement of each defendant, and relevant aggravating and mitigating factors, including breach of trust and personal circumstances. Confiscation orders were applied where benefit from crime was established.

Citation
[2011] JRC 029B
Parties
Defendant: Mr Lester; Defendant: Mr Hart; Defendant: Mr Mark McKenzie; Defendant: Mr Donald McKenzie
Jurisdiction
Jersey
Judgment Date
01 February 2011
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentencing
Legal Topics
Drug Importation, Conspiracy, Sentencing, Confiscation Order
Criminal Law Drug Importation Conspiracy Sentencing Confiscation Order

Case Brief

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Parties

Mr Lester

Defendant

Mr Hart

Defendant

Mr Mark McKenzie

Defendant

Mr Donald McKenzie

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentencing for conspiracy to import cocaine of high purity
  2. 2 Consideration of drug purity in sentencing
  3. 3 Mitigation and aggravating factors in sentencing

Ratio Decidendi

Sentences were determined by reference to the high purity of the cocaine, the quantity imported, the degree of involvement of each defendant, and relevant aggravating and mitigating factors, including breach of trust and personal circumstances. Confiscation orders were applied where benefit from crime was established.

Court Disposition

conviction and sentencing

Orders

  • Mr Lester sentenced to 6 years' imprisonment
  • Mr Hart sentenced to 4.5 years' imprisonment