AG -v- Harris [2005] JRC 094 (08 July 2005)
- Citation
- [2005] JRC 094
- 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
Given the defendant's long-standing addiction, prior convictions, and unsuccessful rehabilitation, a custodial sentence is necessary. A discount for youth and guilty plea reduces the sentence from 4 years to 2 years' imprisonment.
Court disposition
convicted and sentenced
Orders
- 2 years' imprisonment
- forfeiture and destruction of the drugs
02
Material facts
Parties
Unknown (Defendant)
Defendant Counsel: Miss JusteAttorney General
ProsecutorAmounts and remedies
- Quantity of Heroin Imported: 6
- Starting Point Sentence (years): 4
- Final Sentence (years): 2
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
Appropriate sentence for importation of 6 grams of heroin by a repeat offender with addiction issues
Party arguments
- Applicant
- Miss Juste argued for a non-custodial sentence, citing the defendant's guilty plea, youth (22 years old), and various social and addiction reports.
- Respondent
- The prosecution relied on the defendant's record, lack of cooperation, and previous unsuccessful rehabilitation efforts to oppose a non-custodial sentence.
05
Court’s reasoning
Legal principles
- 01
Finnigan v A.G. [2004] JRC077; A.G. v Ferguson [2004] JRC162; A.G. v Durkin, Bevis, Howard and Hartley [2004] JRC163
Sentencing for importation of heroin should reflect seriousness and prior record, with a starting point of 4 years for 6 grams in these circumstances.
06
Ratio, limits and disposition
Ratio decidendi
Given the defendant's long-standing addiction, prior convictions, and unsuccessful rehabilitation, a custodial sentence is necessary. A discount for youth and guilty plea reduces the sentence from 4 years to 2 years' imprisonment.
Obiter and limits
- The court hopes the defendant will maintain progress in prison and receive assistance to overcome addiction, warning of longer sentences if reoffending occurs.
Court disposition
convicted and sentenced
- 2 years' imprisonment
- 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 DEPUTY BAILIFF: 1. The defendant imported 6 grams of heroin to feed his heroin addiction. He has an appalling record including a number of convictions for possession of drugs.
2. In terms of starting points, we think the correct starting point for this amount of drugs in these circumstances is 4 years.
3. Miss Juste has urged that we should proceed by way of a non-custodial sentence. She refers to the guilty plea, although the fact is the defendant did not offer any comment when first interviewed, and therefore cannot be said to have been co-operative. She points to his youth, which is quite correct, he is only 22, and she has referred to the various reports, both the Social Enquiry Report, the Drug and Alcohol Service Report and the two reports which Miss Juste has put forward.
4. It is quite clear that the defendant has a long standing heroin problem and there have already been many efforts to help him, including sending him to the Centre in Norfolk. Yet so far they have been unsuccessful. In view of all the matters which appear from the papers, we do not feel able to pursue a non-custodial route.
5. The sentence of the Court is that from a starting point of 4 years, we think 2 years' is an adequate discount and, therefore, the sentence is one of 2 years' imprisonment and we order the forfeiture and destruction of the drugs.
6. We very much hope that you will maintain the progress you have started to make in prison because if you do not maintain that progress when you come out of prison you will get into trouble again and then you will go back and you will be spending increasing periods of your life in prison. You have the ability and the talent to address these problems if you show enough determination, so we very hope that you will receive help in prison and that you will be given every assistance in trying to overcome your addiction. Authorities Finnigan -v- A. G. [2004] JRC077. A. G. -v- Ferguson [2004]JRC162. A. G. -v- Durkin, Bevis, Howard and Hartley [2004]JRC163. Page Last Updated: 14 Jul 2016 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
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