CRIMINAL CASE NO. 329 OF 2011
COURT: Accused, you stand convicted on your own pleas of guilty of two charges of trafficking in dangerous drugs.
The drugs involved in Charge 1 are 13.97 grammes of a mixture containing 10.82 grammes of heroin hydrochloride. The drugs involved in Charge 2 are 268.56 grammes of a mixture containing 189.17 grammes of heroin hydrochloride.
In my view the appropriate starting points will be in the region of 5 years’ imprisonment for the drugs under Charge 1 and 11½ years’ imprisonment for the drugs under Charge 2.
I have considered everything urged in mitigation on your behalf, particularly your pleas of guilty. I think that a discount reducing the sentence to one of 3 years and 4 months’ imprisonment under Charge 1 and 7 years and 8 months’ imprisonment under Charge 2 to be appropriate.
In all the circumstances and bearing in mind the principle of totality I consider an overall sentence of 8 years to be appropriate.
To achieve that overall sentence I sentence you to 3 years and 4 months’ imprisonment under Charge 1 and 7 years and 8 months’ imprisonment under Charge 2 and I order that 4 years and 8 months out of the 7 years and 4 months under Charge 2 be served consecutively with the 3 years and 4 months under Charge 1.
You were last convicted of the offence of assault occasioning actual bodily harm on 6 November 2008 and you were sentenced to 2 months’ imprisonment suspended for 3 years so you have committed the present offences during that suspended period.
However, taking into account everything that has been said by your counsel and in all the circumstances I am prepared to accede to your counsel’s request and not to activate any part of that sentence.
You will therefore go to prison for a total of 8 years.