Jersey Judgment

AG -v- Harris [2005] JRC 094 (08 July 2005)

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Research organized from the available case record

Source document

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 Juste

Attorney General

Prosecutor

Amounts and remedies

  • Quantity of Heroin Imported: 6
  • Starting Point Sentence (years): 4
  • Final Sentence (years): 2

03

Procedural history

  1. 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

  1. 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

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Judgment text

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Source document

Court record

Judgment

[2005] JRC 094

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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Authorities

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Finnigan v A.G. [2004] JRC077

Case cited

A.G. v Ferguson [2004] JRC162

Case cited

A.G. v Durkin, Bevis, Howard and Hartley [2004] JRC163

Case cited

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