Importing Cannabis
Date Produced: 25 February 2009
Title: Drugs
Offence: Importing Cannabis
Legislation: Section 170 Customs & Excise Management Act 1970. Section 4(3) Misuse of Drugs Act 1970
Mode of Trial: Either Way
Statutory Limitations & Maximum Penalty: 14 years
Aggravating & Mitigating Factors
- Level of involvement,
- Use of couriers,
- Especially vulnerable persons.
- Scale of operation.
- No commercial motive.
- Small amount.
Relevant Sentencing Guidelines
See below.
Relevant Sentencing Case Law
From 29 January 2004, cannabis became a Class C drug, but the penalties for supply/importation were INCREASED to 14 years from 5.
R v Aramah (Sentencing guidelines issued - leading case)
Very small amounts can be dealt with as if simple possession
- Up to 20kgs, 18 months to 3 years
- Over 20kgs, 3 to 6 years
- Up to 100kgs, 7 to 8 years
- Larger importations, up to the max of 14 years
(The above guidelines were set when cannabis was a Class B drug, but the guidelines will remain good law.)
See also Ronchetti[1998] 2 Cr App R (S) 100
R v Golder [2000] 1 Cr App R (S) 59
Importing 141kg of cannabis. 7 years imposed but reduced to 5 and a half years on appeal. The court applied Ronchetti, but said no allowance was made for the G plea.
R v Harris (1989) 11 Cr App R (S)
6.02kg of cannabis through Heathrow with intention of selling on. 18 months.
R v Astbury [1997] 2 Cr App R (S) 93
1.3kg for personal use. 3months.
Ancillary Orders
- POCA
- Forfeiture
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