Importing Class A drugs
Date Produced: 23 August 2007
Title: Drugs
Offence: Importing Class A Drugs
Legislation: Section 170 Customs and Excise Management Act 1979. Misuse of Drugs Act 1971
Mode of Trial: Either Way
Statutory Limitations & Maximum Penalty: Life imprisonment
Aggravating & Mitigating Factors
- Scale,
- Sophistication,
- Level of involvement,
- Purity of drug.
Relevant Sentencing Guidelines
See below.
Relevant Sentencing Case Law
NB Section 110 PCC(S)Act 2000-minimum 7 year term for 3rd Class A offence.
The leading case to issue sentencing guidelines is R v Aramah (as amended and edited):
Large scale importation involving in excess of 500gm or more merits 10 years plus.
Excess of 5kg @ 100% purity merits 14 years plus.
Seldom less than 4 years will be appropriate.
AGs ref Nos 117 and 118 0f 2005 [2006]EWCA Crim 1157
£1.5m importation of Class A using couriers. (14.45kg at 1005 purity).
16 years increased to 20.
NB R v Morris [2001]1 Cr App R 4
It is essential for sentencing purposes that the purity of the drug is known in Class A cases, as this can indicate proximity to source.
Attuh-Benson [2005] 2 Cr App R (S) 52
There is sufficient flexibility in the Aramah guidelines to sentence accordingly those couriers from under developed countries who were often women with dependent children.
Robinson[2004] Cr App R (S) 392
A Newton hearing may be necessary to establish coercion which falls short of duress.
See also R v Martinez (1984) 6 Cr App R (S) 364.
ECSTASY see R v Warren and Beeley [1996]1 Cr App R (S) 120
Sentencing guidelines issued for large scale importation of Ecstasy.
Ancillary Orders
- POCA
- Section 4A MDA 1971
Consider Also
- Travel Restriction Orders - Section 33 CJ and Police Act 2001.
- Texts - assistance to Police will attract a substantial discount in sentence.
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