Drug importer appeals "excessive" sentence

Wednesday 08 March 2023

A man jailed for importing cocaine into Guernsey could see his sentence cut after the Bailiff agreed to grant legal aid so he could further his plans to appeal.

Lee Royle was arrested as he arrived in the island carrying nearly 123g of cocaine last September which had an estimated value of between £12,288 and £18,432. He has been held in custody ever since.

In January he was sentenced to nine years for being knowingly concerned in the importation of cocaine, and nine months for refusing to give officers investigating his crime access to his mobile phone. 

His total jail sentence of nine years and nine months was backdated to the date of his arrival in Guernsey when he was arrested.

Pictured: Royle was arrested at Guernsey Airport after arriving with cocaine internally concealed in September 2022.

37-year-old Royle is understood to only be appealing the nine year sentence for importing cocaine, with his lawyer arguing last week that the court's starting point of 12 years was "manifestly excessive" and that the discount given for the mitigating factors in his case was too low.

In considering whether Mr Royle should be able to appeal against his sentence, the Bailiff heard arguments from Advocate Sam Steel during a hearing last week. 

Richard McMahon said he believes the Royal Court was entitled to adopt its starting point of 12 years for the trafficking offence, but he acknowledged that it could have been lower. He also explained that while the discount given in sentencing could have been one third, rather than one quarter, "what matters is whether the final sentence fully reflects all the mitigation available to the person being sentenced".

Mr McMahon said he does not believe the sentence to be manifestly excessive but he does "take the view that the totality of the mitigation available advanced on the Applicant’s behalf might not have been adequately reflected by a discount of only 25% from the starting points".

Therefore he has referred Royle's application for leave to appeal to the plenary Court which will be tasked with deciding whether to grant leave to appeal. Mr McMahon also granted Royle legal aid so that he can afford to make the application for leave to appeal.