In relation to major cases of importation of Class A drugs, the starting point for consignments exceeding 5 kilos assessed by reference to 100% purity rather than total weight, is a sentence of 14 years and upwards following conviction. In a passage dealing with sentences for the importation and supply of cannabis the court said: ‘Class ‘B’ Drugs, particularly Cannabis:
We select this from amongst the class ‘B’ drugs as being the drug most likely to be exercising the minds of the courts.
Importation of cannabis: Importation of very small amounts for personal use can be dealt with as if it were simple possession, with which we will deal later. Otherwise importation of amounts up to about 20 kilogrammes of herbal cannabis, or the equivalent in cannabis resin or cannabis oil, will, save in the most exceptional cases, attract sentences of between 18 months and three years, with the lowest ranges reserved for pleas of guilty in cases where there has been small profit to the offender. The good character of the courier (as he usually is) is of less importance than the good character of the defendant in other cases. The reason for this is, it is well known that the large scale operator looks for couriers of good character and for people of a sort which is likely to exercise the sympathy of the court if they are detected and arrested. Consequently one will frequently find students and sick and elderly people are used as couriers for two reasons: first of all they are vulnerable to suggestion and vulnerable to the offer of quick profit, and secondly, it is felt that the courts may be moved to misplaced sympathy in their case. There are few, if any, occasions when anything other than an immediate custodial sentence is proper in this type of importation.
Medium quantities over 20 kilogrammes will attract sentences of three to six years’ imprisonment, depending upon the amount involved, and all the other circumstances of the case.
Large scale or wholesale importation of massive quantities will justify sentences in the region of 10 years’ imprisonment for those playing other than a subordinate role.
Supply of cannabis: Here again the supply of massive quantities will justify sentences in the region of 10 years for those playing anything more than a subordinate role. Otherwise the bracket should be between one to four years’ imprisonment, depending upon the scale of the operation.’
Citations:
[1982] 4 Cr App R (S) 407
Jurisdiction:
England and Wales
Cited by:
Cited – Attorney General’s Reference Nos 5-8 of 2003 (Davies, Rowan, Abbey, Hassan) CACD 14-Nov-2003
The Attorney-General referred sentences for conspiracy to supply drugs. The offenders were part of a highly professional organisation, in close contact with each other and others in this country and abroad over a period of months, which culminated . .
Cited – Attorney General’s Reference (Number 8 of 2004) (Dawson and Others) CANI 15-Apr-2005
Defendants had been convicted of offences involving supply of cannabis and cocaine, including the evasion of import controls and conspiracy. The sentences were appealed as too lenient.
Held: Where a prosecutor was aware that a plea of guilty . .
Cited – Boakye and Others, Regina v CACD 3-Apr-2012
The defendants appealed their sentences for importation of class A drugs. They had acted as drugs mules. New guidelines were due to take effect which be expected to have led to shorter sentences. The court was asked whether such new standards could . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 31 March 2022; Ref: scu.187944
