AG v Corvel [2001] JRC 55 (02 March 2001)
- Citation
- [2001] JRC 55
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Sentencing
More details
- Posture
- Criminal / Sentencing
On this page
Professional case brief
Research organized from the available case record
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 counselCrown
Prosecution Counsel: Crown AdvocateAmounts 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
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
Whether the defendant's attempt to smuggle drugs into prison warrants a custodial sentence
- 02
Appropriate length and concurrency of sentences for multiple counts
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
Legal principles
- 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
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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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