AG -v- Sutton and McDermott [2015] JRC 144 (30 June 2015)

AG -v- Sutton and McDermott [2015] JRC 144 (30 June 2015)

Given the seriousness of the offences, the custody threshold was passed, but in light of mitigation, guilty pleas, and substantial confiscation orders, community service orders were imposed instead of immediate custodial sentences.

Citation
[2015] JRC 144
Parties
First Defendant: Mr Sutton; Second Defendant: Mr McDermott
Jurisdiction
Jersey
Judgment Date
30 June 2015
Procedural Posture
Criminal / Sentencing After Guilty Plea
Outcome
Community Service Orders and Confiscation Orders imposed; forfeiture and destruction of cigarettes ordered.
Legal Topics
Fraudulent Evasion of Duty, Importation of Dutiable Goods, Sentencing, Community Service Orders, Confiscation Orders
Criminal Law Customs Law Fraudulent Evasion of Duty Importation of Dutiable Goods Sentencing Community Service Orders Confiscation Orders

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Parties

Mr Sutton

First Defendant

Mr McDermott

Second Defendant

Procedural Posture

Criminal / Sentencing After Guilty Plea

Legal Issues

  1. 1 Appropriate sentence for fraudulent evasion of duty under Customs and Excise (Jersey) Law 1999
  2. 2 Applicability of English sentencing guidelines in Jersey
  3. 3 Consideration of community service versus custodial sentence

Ratio Decidendi

Given the seriousness of the offences, the custody threshold was passed, but in light of mitigation, guilty pleas, and substantial confiscation orders, community service orders were imposed instead of immediate custodial sentences.

Court Disposition

Community Service Orders and Confiscation Orders imposed; forfeiture and destruction of cigarettes ordered.

Orders

  • Mr Sutton: Confiscation Order of £96,210.44 payable in 1 month, 12 months' custody in default; 180 hours' community service concurrent on each count, alternative 12 months' imprisonment.
  • Mr McDermott: Confiscation Order of £2,294.64 payable in 1 month, 3 months' custody in default; 90 hours' community service on each count, alternative 3 months' imprisonment concurrent.