A senior Peruvian diplomat was involved in importing a large quantity of cocaine with the aid of diplomatic paraphernalia; he was using, amongst other things, a Peruvian diplomatic pouch. He was identified by the judge as a senior figure in the Peruvian drug industry. He was working in this case with another, who was also identified as a prime mover. He eventually pleaded guilty to being concerned in the importation of a Class A drug. The drug in question was cocaine, almost 20 kgs, at 95% purity, with a street value marginally in excess of andpound;4 million, that is in March 1989, and imported through Heathrow Airport. The sentence which had been passed was 20 years. The appellant, the Peruvian diplomat, had been regarded as more deeply involved than the other appellant who also received 20 years. The appellant had been given a discount for his plea of guilty in the sentence of 20 years, and the Court of Appeal said this: ‘Suffice to say that the learned judge stated in terms that he was discounting this sentence to give effect to the plea and to the assistance given regarding Roman. We have no doubt that he was doing as he stated. We believe, indeed, that those mitigating factors are properly reflected in the sentence passed. But for them we have no doubt that the appropriate sentence in this case … would have been in the region of 25 years, or perhaps even more. It certainly cannot be said that a sentence of 20 years of itself indicates a failure to take proper account of the mitigating factors here present.’
Citations:
[1992] 13 Cr App R (S)
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 – Regina v Richardson, Regina v Teixeira etc CACD 4-Apr-1994
Richardson, was described as ‘an important member of the team’ with a ‘highly significant role in the whole enterprise’ of importing drugs to a street value of andpound;50 million, that is, 44 kgs of cocaine on one occasion and 144 kgs on another, . .
Approved – Regina v Kayar CACD 2-Mar-1998
A sentence of 20 years’ imprisonment imposed following trial was reduced to one of 16 years in respect of an offender who had organised the importation of a 10.3 kilo consignment of heroin. . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 25 October 2022; Ref: scu.187946