AG v France [2019] JRC 125 (01 July 2019)

AG v France [2019] JRC 125 (01 July 2019)

The quantity and street value of drugs, combined with the sophistication of importation and the need to penalize both cocaine and cannabis offences, justify a starting point of 11 years' imprisonment, reduced for mitigation to 6½ years for the cocaine charge, with concurrent sentences for cannabis charges.

Citation
[2019] JRC 125
Parties
Defendant: Unknown Defendant; Prosecution: Attorney General
Jurisdiction
Jersey
Judgment Date
01 July 2019
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

Unknown Defendant

Defendant

Attorney General

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 fraudulent evasion of prohibition on importation of controlled drugs
  2. 2 appropriate sentencing bands for cocaine and cannabis offences
  3. 3 application of sentencing uplift for multiple drug types

Ratio Decidendi

The quantity and street value of drugs, combined with the sophistication of importation and the need to penalize both cocaine and cannabis offences, justify a starting point of 11 years' imprisonment, reduced for mitigation to 6½ years for the cocaine charge, with concurrent sentences for cannabis charges.

Court Disposition

convicted and sentenced

Orders

  • 6½ years' imprisonment on Count 1 (cocaine)
  • 18 months' imprisonment on Counts 2 and 3 (cannabis), concurrent with Count 1