Jersey Judgment

AG v Le Coeur [2005] JRC 027 (04 March 2005)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The sentence was reduced to six months' imprisonment due to significant mitigating factors including the defendant's age, background, and parental support.

Court disposition

sentence imposed

Orders

  • Six months' imprisonment; immediate release

02

Material facts

Parties

Unnamed Defendant

Defendant

The Crown

Prosecution

Amounts and remedies

  • Sentence Imposed: 6

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

appropriate sentence for drug dealing

Party arguments

Applicant
Mitigating factors include age, background, positive reports, letters, and parental support.
Respondent
The Crown requested ten months' imprisonment for drug dealing.

05

Court’s reasoning

  1. 01

    Campbell, Molloy and Mackenzie v. AG [1995] JLR 136

    Sentencing should consider both the seriousness of the offence and mitigating circumstances.

06

Ratio, limits and disposition

Ratio decidendi

The sentence was reduced to six months' imprisonment due to significant mitigating factors including the defendant's age, background, and parental support.

Obiter and limits

  • Choose your friends in future with care and keep off drugs at all costs.

Court disposition

sentence imposed

  • Six months' imprisonment; immediate release

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

[2005] JRC 027

JUDGMENT THE commissioner: 1. You may know that we have very little sympathy with drug dealing of any kind in this Island. The Crown has asked for ten months' imprisonment. Because of the particular circumstances of this case, we are going to set a starting point of fifteen months'.

2. There is much to be said in your favour: your age, your background, the reports that we have received and the letters have all helped you. But most of all is the support of your parents, whom you know you have let down very badly; you realise that. You had an experience which we hope you will not forget and I just say this to you: Choose your friends in future with care and keep off drugs at all costs. We are going to impose a sentence of six months' imprisonment and you will be released immediately. Authorities Campbell, Molloy and Mackenzie v. AG [1995] JLR 136 . Page Last Updated: 18 Aug 2015 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII

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Authorities

Authorities used by the court

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

Campbell, Molloy and Mackenzie v. AG [1995] JLR 136

Case cited

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