R v Attuh-Benson - [2004] All ER (D) 127 (Nov)

English case of a drug courier from Ghan brought to the Court of Appeal, Criminal Division, regarding sentencing guidelines for drug offences. Ms. Attuh-Benson, was convicted of being knowingly concerned in the fraudulent evasion of the prohibition on the importation of a Class A controlled drug and was sentenced to 10 years' imprisonment. She was pregnant at the time of the offence and her family was suffering considerable distress after her arrest in a foreign country.

On appeal, her council cited the Convention on the Rights of the Child and re-consideration of the guidelines set in R v Aramah (1983) 76 Cr App Rep 190 which appeared to adopt a 'one size
fits all' sentencing approach'.

Held:  The defendant's sentence would be reduced to one of eight years' imprisonment, but it was granted only in light of the particular facts of the case and as an 'act of mercy'.