Jersey Judgment

AG -v- Hollings [2010] JRC 233 (17 December 2010)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

Possession of a large quantity of Class C drugs in prison is a serious offence requiring a meaningful and consecutive custodial sentence, but mitigation is appropriate for demonstrated rehabilitation efforts.

Court disposition

convicted and sentenced

Orders

  • 8 months' imprisonment consecutive to existing sentence
  • forfeiture and destruction of the drugs

02

Material facts

Parties

Mr Hollings

Defendant

Attorney General

Prosecutor

Amounts and remedies

  • Diazepam Tablets Possessed: 224
  • Existing Sentence (months): 36
  • New Sentence Imposed (months): 8

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

Party arguments

Applicant
The defendant pleaded guilty and has taken steps towards rehabilitation, including voluntary drug counselling and remaining drug-free as confirmed by testing.
Respondent
The Crown seeks a 12-month consecutive custodial sentence due to the seriousness of possessing a large quantity of Class C drugs in prison.

05

Court’s reasoning

  1. 01

    AG-v-Barr [2003] JLR N 12

    Possession of drugs in prison is a very serious offence warranting a custodial sentence, generally consecutive to existing sentences.

06

Ratio, limits and disposition

Ratio decidendi

Possession of a large quantity of Class C drugs in prison is a serious offence requiring a meaningful and consecutive custodial sentence, but mitigation is appropriate for demonstrated rehabilitation efforts.

Obiter and limits

  • Loss of prison privileges is an inevitable consequence of offending and not a factor for sentence reduction.
  • The court commends the defendant's voluntary engagement with drug counselling and remaining drug-free.

Court disposition

convicted and sentenced

  • 8 months' imprisonment consecutive to existing sentence
  • 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

[2010] JRC 233

JUDGMENT THE commissioner: 1. The defendant has pleaded guilty to possession of what we accept to be 224 Diazepam tablets, a Class C drug. They were found in his possession at La Moye Prison where he is currently serving a 3 year sentence imposed on 11 th February, 2010, for a series of larceny, motoring and drugs offences. The defendant is a prolific offender with convictions for a total of 134 offences of which 19 are drug-related. He has pleaded guilty but has not otherwise been co-operative. He is assessed at a high risk of re-offending.

2. There are no guideline cases relating to possession of Class C drugs but it is well established that possession of drugs in prison is a very serious offence which would inevitably lead to a custodial sentence, which in generality will be consecutive. It must furthermore be a meaningful sentence. The authority for that is the case of AG-v-Barr [2003] JLR N 12. In view of the large number of tablets the Crown seek a 12 month sentence, consecutive to that imposed on 11 th February, of this year. We do not think that loss of privileges directly as a result of this offence in the prison, is something that we can take into account. Such loss is an inevitable consequence of the offending which the defendant should have taken into account before offending. However, we do commend the defendant for the steps that he has taken since offending in relation to his drugs use, regularly and on a voluntary basis attending counselling at the prison and being drugs free as confirmed by testing in September, October and November. For that reason, and taking into account his letter which we have read and the letter from his partner, we are going to reduce the conclusions while still imposing a meaningful sentence.

3. Mr Hollings, you are sentenced to 8 months' imprisonment, to be served consecutive to the sentence imposed on 11 th February, 2010.

4. We order the forfeiture and destruction of the drugs. Authorities AG-v-Barr [2003] JLR N 12. R-v-Roberts [1997] 2 Cr App R (S) 187. AG-v-Barr [2003] JRC 043 . AG-v-Corvel 2001/55. Page Last Updated: 02 Aug 2016 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII

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Authorities

Authorities used by the court

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AG-v-Barr [2003] JLR N 12

Case cited

R-v-Roberts [1997] 2 Cr App R (S) 187

Case cited

AG-v-Barr [2003] JRC 043

Case cited

AG-v-Corvel 2001/55

Case cited

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