Jersey Judgment

AG -v- Ahier [2005] JRC 134 (30 September 2005)

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Source document

01

Holding and result

The respondent is placed on probation due to demonstrated efforts at rehabilitation and mitigating circumstances, with strict conditions imposed to ensure compliance.

Court disposition

probation granted

Orders

  • Respondent placed on probation for 12 months on three counts.
  • Existing probation order discharged and new 12-month order made for previous offences.
  • Probation conditional on attendance at Drug and Alcohol Service and compliance with treatment.
  • Routine and random drug testing required.
  • Mandatory attendance at Probation Department and any courses deemed fit.

02

Material facts

Parties

AG

Applicant

Baglin

Respondent

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

Whether the respondent should be sentenced to imprisonment or probation for drug-related offences

Party arguments

Applicant
The applicant initially considered imprisonment due to the seriousness of the offences.
Respondent
The respondent's efforts to address drug addiction and the impact of personal tragedy were considered mitigating factors.

05

Court’s reasoning

  1. 01

    Court's reasoning

    Probation may be appropriate where rehabilitation efforts are evident and mitigating circumstances exist.

06

Ratio, limits and disposition

Ratio decidendi

The respondent is placed on probation due to demonstrated efforts at rehabilitation and mitigating circumstances, with strict conditions imposed to ensure compliance.

Obiter and limits

  • Commendation of pharmacy staff for vigilance in detecting forged prescriptions.
  • Warning that failure to comply with probation conditions will result in imprisonment.

Court disposition

probation granted

  • Respondent placed on probation for 12 months on three counts.
  • Existing probation order discharged and new 12-month order made for previous offences.
  • Probation conditional on attendance at Drug and Alcohol Service and compliance with treatment.
  • Routine and random drug testing required.
  • Mandatory attendance at Probation Department and any courses deemed fit.

Source and reliance status

Official court record

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Judgment text

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Source document

Court record

Judgment

[2005] JRC 134

JUDGMENT THE DEPUTY BAILIFF: 1. Until you do something about your drug addiction, you are not going to be able to turn your life around. The Court gave you a chance in April, but we do accept that the blow of the death of your only sister knocked you off course and caused you to commit these particular offences. In that respect we would like to commend the individual staff of the two chemists De Faye's Chemist and Roseville Pharmacy, for their vigilance in spotting the forged prescriptions. Mrs Sharpe we would be grateful if you could ensure that our commendations to the two staff are passed on to them.

2. Initially when we read the papers we thought you had to go to prison, but we are satisfied in the light of Mr Gafoor's report and the efforts that you have begun to make to turn your life around, that we should give you one more chance.

3. We are going to place you on probation for 12 months on the three counts for which you are before the Court today. In relation to the offences for which you were dealt with in April, we are going to discharge the existing probation order and make a new one for 12 months. All of the probation orders will be on condition that you attend the Drug and Alcohol Service on the conditions recommended by Mr Gafoor.

4. I want you to listen very carefully to me. First you must attend the Drug and Alcohol Service for six months; secondly you must remain abstinent, that means not take any drugs at all, and you will be subject to routine and random drug testing; and thirdly you must comply with all treatments as required by the Service. You must, of course, attend the Probation Department whenever you are told to. You must attend any courses that they think fit and you must in all respects do what they say. If you take drugs again or if you do not turn up either to Probation or to the Drug and Alcohol Service, you will come straight back here. This really is your last chance. You were given a chance in April; we are giving you a chance today. We hope very much that you will succeed. We really want you to succeed, but if you do not and you come back here, you will go to prison. Authorities AG - v - Baglin [2005]JRC030. Page Last Updated: 14 Jul 2016 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII

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Authorities

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AG v Baglin [2005] JRC030

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