AG v Welsh [2000] JRC 21 (03 February 2000)

AG v Welsh [2000] JRC 21 (03 February 2000)

Welsh's role as a trusted minder of a large quantity of drugs placed him close to the source of supply and justified a sentence nearly as serious as that of a dealer. Mistaken belief as to the drug type is not a mitigating factor. The starting point for sentencing is 16 years, with mitigation for guilty plea and other factors reducing it to 12 years and 6 months.

Citation
[2000] JRC 21
Parties
Defendant: Welsh; Prosecutor: Attorney General
Jurisdiction
Jersey
Judgment Date
03 February 2000
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
Drug Offences, Possession With Intent to Supply, Sentencing, Mitigation
Criminal Law Drug Offences Possession With Intent to Supply Sentencing Mitigation

Case Brief

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Parties

Welsh

Defendant

Attorney General

Prosecutor

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for possession with intent to supply large quantities of Class A and B drugs
  2. 2 Whether mistaken belief as to drug type is a mitigating factor
  3. 3 Role of 'minder' in drug trafficking and its seriousness

Ratio Decidendi

Welsh's role as a trusted minder of a large quantity of drugs placed him close to the source of supply and justified a sentence nearly as serious as that of a dealer. Mistaken belief as to the drug type is not a mitigating factor. The starting point for sentencing is 16 years, with mitigation for guilty plea and other factors reducing it to 12 years and 6 months.

Court Disposition

convicted and sentenced

Orders

  • 12 years and 6 months' imprisonment on Count 1
  • 10 years' imprisonment on Count 3, concurrent