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Drugs offender could withdraw appeal where was no reason to depart from the mandatory presumptive minimum sentence
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Court of Appeal dismisses appeal of conviction for the possession of controlled drugs for the purpose of sale or supply, and the importation of controlled drugs, after packages containing white power were found in each of the shoes that the appellant was wearing after disembarking at an airport, and appeal of sentence of ten years imprisonment with the final three years suspended, finding that: (a) evidence of the fact that there were two others on the plane, also in possession of cocaine in their shoes and the value of the drugs was admissible; (b) the appellant should be allowed withdraw his sentence appeal where there was no basis for departing from the mandatory presumptive minimum.
Criminal law – appeal of conviction for the possession of controlled drugs for the purpose of sale or supply and the importation of controlled drugs – s. 15A and s. 15B of the Misuse of Drugs Act – packages containing white power were found in each of the shoes that the appellant was wearing – admissibility of the fact that there were two others on the plane, also in possession of Cocaine in their shoes – evidence was relevant and admissible – value of the drugs – appeal against the severity of ten years imprisonment with the final three years suspended – disparity of sentence with other offenders caught on same flight – sentence appeal withdrawn – conviction appeal dismissed.
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