Guernsey Legal Resources

    The appellants, whose activities had been observed in a Customs surveillance operation, pleaded guilty to being concerned in the fraudulent evasion of the prohibition on the importation of goods under the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972 on two counts: (i) the importation of 100.75g. of cocaine hydrochloride (Class A); and (ii) the importation of 19.59kg. of cannabis resin (Class B). L and RW had boarded a boat at St. Sampson’s harbour; upon its return, BW boarded it to collect two holdalls, which contained the drugs. BW then got into the getaway van, which R was driving. R was consequently convicted of two further offences, namely, (iii) acting in a way which impeded, or was calculated to impede, the seizure of a thing liable to forfeiture under s.5(b) of the 1972 Law; and (iv) driving in a manner dangerous to the public. Following the Richards guidelines, each appellant was sentenced to 10 years’ imprisonment (from a starting point of 11 years, which was increased to 16 years as there were two drugs involved) in respect of count (i), with a concurrent sentence of 5 years’ imprisonment (starting point: 5 years) for count (ii). In addition, R received a consecutive term of 3 months’ imprisonment for count (iii), and a concurrent sentence of 1 month’s imprisonment, together with a disqualification from driving for 3 years, in respect of count (iv). All four appellants appealed against the starting points: the initial starting point of 11 years should have been 10 years, and the increase to 16 years was too great. R also appealed against the Royal Court’s decision to treat the appellants similarly for sentencing purposes, submitting that he had not been involved in financing the importation and that his role had merely been that of driver.