Jersey Judgment

AG v Hagin [2020] JRC 157 (04 August 2020)

On this page

Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The court accepted the Crown's assessment of benefit and sentencing proposals, imposing a confiscation order, concurrent and consecutive sentences for multiple counts, and ordering forfeiture and destruction of drugs.

Court disposition

conviction and sentencing

Orders

  • Declaration of benefit in the sum of £4,440.
  • Nominal confiscation order in the sum of £1.
  • Sentences of imprisonment as specified for each count, totaling 4 years.
  • Forfeiture and destruction of drugs.

02

Material facts

Parties

Crown

Prosecutor

Defendant

Defendant

Amounts and remedies

  • Benefit Declared: GBP 4,440
  • Nominal Confiscation Order: GBP 1
  • Total Imprisonment: years 4

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

Party arguments

Respondent
The Crown's conclusions and sentencing proposals were accepted by the court.

05

Court’s reasoning

  1. 01

    Proceeds of Crime (Jersey) Law 1999

    Benefit from crime must be determined and confiscation order imposed accordingly.

  2. 02

    Campbell v AG [1995] JLR 136

    Sentencing for drug offences should reflect seriousness and concurrency/consecutivity as appropriate.

06

Ratio, limits and disposition

Ratio decidendi

The court accepted the Crown's assessment of benefit and sentencing proposals, imposing a confiscation order, concurrent and consecutive sentences for multiple counts, and ordering forfeiture and destruction of drugs.

Court disposition

conviction and sentencing

  • Declaration of benefit in the sum of £4,440.
  • Nominal confiscation order in the sum of £1.
  • Sentences of imprisonment as specified for each count, totaling 4 years.
  • Forfeiture and destruction of 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.

Source document

Court record

Judgment

[2020] JRC 157

JUDGMENT THE Bailiff: 1. We make a declaration of benefit in the sum of £4,440 and a nominal confiscation order in the sum of £1 which is not contested.

2. We will give reasons for this decision in due course, but we agree with the conclusions of the Crown and accordingly you are sentenced as the Crown has proposed specifically: (i) Count 1, from a starting point of 5 years', 3 years' imprisonment. (ii) Count 2 from a starting point of 5 years', 3 years' imprisonment. (iii) Count 3 from a starting point 5 years', 3 years' imprisonment. (iv) Count 4 from a starting point 5 years, 3 year's imprisonment, all of those concurrent with Count 1. (v) Count 5, 12 months' imprisonment consecutive to Count 1. (vi) Count 6, starting point of 5 years' 3 years imprisonment, concurrent to Count 1. (vii) Count 7, 12 months' imprisonment, concurrent to Count 5. (viii) Count 8, 12 months' imprisonment, concurrent to Count 5. (ix) Count 9, 12 months' imprisonment, concurrent to Count 5. (x) Count 10, 12 months' imprisonment, concurrent to Count 5. (xi) Count 11, from a starting point of 5 years' imprisonment, 3 years' imprisonment, concurrent to Count 1. (xii) Count 12 starting point 5 years', 3 years imprisonment, concurrent to Count 1. (xiii) Count 13, no separate penalty. Making a total of 4 years' imprisonment.

3. We order the forfeiture and destruction of the drugs. Authorities Proceeds of Crime (Jersey) Law 1999 Campbell v AG [1995] JLR 136 . Rae v AG [2017] JCA 197 . AG v Gilbraith and Rawlinson [2017] JRC 155 . AG v Rae and Spinola [2017] JRC 080 . AG v Whelan, Grace and Robinson [2017] JRC 040B . AG v Fish and Hinds [2016] JRC 181A . AG v Goodwin [2016] JRC 165 . Page Last Updated: 01 Sep 2020 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

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

Campbell v AG [1995] JLR 136

Case cited

Rae v AG [2017] JCA 197

Case cited

AG v Gilbraith and Rawlinson [2017] JRC 155

Case cited

AG v Rae and Spinola [2017] JRC 080

Case cited

AG v Whelan, Grace and Robinson [2017] JRC 040B

Case cited

AG v Fish and Hinds [2016] JRC 181A

Case cited

AG v Goodwin [2016] JRC 165

Case cited

Proceeds of Crime (Jersey) Law 1999

Legislation

Legislation referenced in the available case record.

Case-aware research

Ask AI about this case

The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.

About this LexChat collection

This page organizes the available case record for research. Verify quotations, current status, and subsequent treatment against the source document. Corrections can be reported to hello@esheria.ai.

Legal information, not legal advice. Research summaries do not replace the judgment.