Jersey Judgment

AG v Corvel [2001] JRC 55 (02 March 2001)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The seriousness of smuggling drugs into prison, even in small quantities and with intent to supply other prisoners, necessitates a custodial sentence. Mitigating factors were considered but did not outweigh the need for deterrence and punishment.

Court disposition

convicted and sentenced

Orders

  • 6 months' imprisonment on count 1
  • 12 months' imprisonment on count 4
  • 1 month's imprisonment on count 5
  • 1 month's imprisonment on count 7
  • all sentences to run concurrently
  • forfeiture and destruction of the drugs

02

Material facts

Parties

Corvel

Defendant Counsel: defence counsel

Crown

Prosecution Counsel: Crown Advocate

Amounts and remedies

  • Sentence on Count 1: months 6
  • Sentence on Count 4: months 12
  • Sentence on Count 5: months 1
  • Sentence on Count 7: months 1

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

Party arguments

Applicant
Defence counsel raised all relevant mitigating factors on behalf of the defendant, including the relatively small quantity of drugs.
Respondent
Crown Advocate argued that smuggling drugs into prison is a serious offence that must attract a custodial sentence.

05

Court’s reasoning

  1. 01

    Current Sentencing Practice; cited authorities

    Smuggling drugs into prison is a serious offence that must attract a custodial sentence regardless of the quantity involved.

06

Ratio, limits and disposition

Ratio decidendi

The seriousness of smuggling drugs into prison, even in small quantities and with intent to supply other prisoners, necessitates a custodial sentence. Mitigating factors were considered but did not outweigh the need for deterrence and punishment.

Court disposition

convicted and sentenced

  • 6 months' imprisonment on count 1
  • 12 months' imprisonment on count 4
  • 1 month's imprisonment on count 5
  • 1 month's imprisonment on count 7
  • all sentences to run concurrently
  • forfeiture and destruction of the drugs

Source and reliance status

Official court record

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Judgment reading view

Judgment text

The complete available source text.

Source document

Court record

Judgment

[2001] JRC 55

JUDGMENT THE BAILIFF: 1. Corvel, you have betrayed the trust placed in you by the prison authorities and you quite deliberately attempted to smuggle drugs back into the prison. Those drugs were, in part at least, intended for other prisoners. It is true that the quantity of drugs was relatively small, but smuggling drugs into prison is a serious offence which must attract a custodial sentence.

2. We have taken into account all the matters raised, quite properly, by your counsel on your behalf, but we consider that the conclusions of the Crown Advocate are correct. Therefore, on count 1, you are sentenced to 6 months' imprisonment; on count 4, to 12 months' imprisonment; on count 5, to 1 month's imprisonment; on count 7, to 1 month's imprisonment. All those sentences will run concurrently and we order the forfeiture and destruction of the drugs. Authorities Thomas: Current Sentencing Practice: pp. 25514, 25514/2 - 25515. Gregory -v- A. G. [1997] JLR 1 CofA. A. G. -v- Jeffery (11 th December, 1998) Jersey Unreported. A. G. -v- McCormack (30 th April, 1999) Jersey Unreported. R. -v- Freeman [1997] 2 Cr. App. R.(S) 224. R. -v- Farooqi [1999] 1 Cr. App. R.(S) 379. Page Last Updated: 19 Aug 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Thomas: Current Sentencing Practice: pp. 25514, 25514/2 - 25515

Case cited

Gregory v A. G. [1997] JLR 1 CofA

Case cited

A. G. v Jeffery (11th December, 1998) Jersey Unreported

Case cited

A. G. v McCormack (30th April, 1999) Jersey Unreported

Case cited

R. v Freeman [1997] 2 Cr. App. R.(S) 224

Case cited

R. v Farooqi [1999] 1 Cr. App. R.(S) 379

Case cited

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