AG -v- Tomsett [2016] JRC 166D (21 September 2016)

AG -v- Tomsett [2016] JRC 166D (21 September 2016)

The defendant, acting as a courier for financial reward, was knowingly concerned in the fraudulent evasion of the prohibition on importation of a substantial quantity of cannabis resin. Mitigation factors warranted reduction from the starting point of 9 years to 5 years' imprisonment.

Citation
[2016] JRC 166D
Parties
Defendant: Unknown (Defendant); Prosecutor: Attorney General (Crown)
Jurisdiction
Jersey
Judgment Date
21 September 2016
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Drug Importation, Fraudulent Evasion, Confiscation Order, Sentencing
Criminal Law Drug Importation Fraudulent Evasion Confiscation Order Sentencing

Case Brief

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Parties

Unknown (Defendant)

Defendant

Attorney General (Crown)

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 fraudulent evasion of prohibition on importation of controlled drug
  2. 2 appropriate sentencing for courier role
  3. 3 confiscation of proceeds

Ratio Decidendi

The defendant, acting as a courier for financial reward, was knowingly concerned in the fraudulent evasion of the prohibition on importation of a substantial quantity of cannabis resin. Mitigation factors warranted reduction from the starting point of 9 years to 5 years' imprisonment.

Court Disposition

convicted and sentenced

Orders

  • Confiscation Order in the sum of £135.71
  • Forfeiture and destruction of the drugs