The defendant appealed sentences for importing 795 kgs of cocaine, with a street value of approximately pounds 125 million.
Held: There was evidence of others involved at a level even higher than the two appellants, but both appellants had very high-ranking involvement. Mulkerrins was said to be the financier. He had certainly been heavily involved in both the purchase of the boat which was used for the importation and in visiting New Orleans to supervise its fitting out for the purpose. He had also been involved in changing huge sums of money at a foreign exchange shop, some pounds 1.2 into Swiss Francs, to buy drugs. Sansom, the other appellant, was also heavily concerned; he was no doubt responsible for the distribution of the drugs at this end. They had received 30 years, which sentences were upheld.
Citations:
[1997] EWCA Crim 1497
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Beaumont CACD 1987
The court will take note of any entrapment when sentencing. . .
Cited – Regina v Chapman CACD 1989
cw The court considered the sentencing principles after an entrapment. . .
Cited – Regina v Bigley CACD 1993
. .
Cited – Regina v Latif, Regina v Shahzad CACD 17-Mar-1994
The acts of an agent provocateur give no defence under English Law. The remedy lies in the Judge’s discretion to exclude evidence unfairly obtained. Conduct which leads to the importation of drugs is ‘fraudulent evasion’. The appellants were . .
Cited – Regina v Smurthwaite; Regina v Gill CACD 5-Oct-1993
It is not a defence merely to show that there had been entrapment or the use of an agent provocateur, but the Judge has a discretion to exclude the evidence obtained if it would be unfair to use it. The need is to ensure a fair trial. . .
Cited by:
Cited – Regina v Kaynak and Others CACD 3-Feb-1998
The case involved the importation of 100 kilos of heroin at 100% purity, with a street value of andpound;14 million, a sentence of 30 years imposed upon a high middle-ranking participant in the conspiracy following trial was reduced from 30 years to . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 08 October 2022; Ref: scu.150952