Jersey Judgment

AG v Lomas [2001] JRC 94 (03 May 2001)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The appropriate starting point for sentencing is five and a half years imprisonment, reduced to three and a half years due to mitigating factors, with forfeiture and destruction of the drugs ordered.

Court disposition

conviction and sentencing

Orders

  • Three and a half years imprisonment for Miss Lomas
  • Forfeiture and destruction of the drugs

02

Material facts

Parties

The Crown

Prosecution Counsel: Crown advocate

Miss Lomas

Defendant

Amounts and remedies

  • Amount of Heroin: 28
  • Imprisonment Sentence: 3.5

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

Party arguments

Applicant
The Crown advocate submitted that the large quantity of heroin posed a risk of sharing or theft, increasing the amount available in the island, and that pregnancy was not a mitigating factor but an aggravating feature.
Respondent
It was accepted that Lomas had no financial need to sell the heroin due to winning a large sum at bingo and that her addiction was so heavy the amount could have been consumed by her during seven days in Jersey.

05

Court’s reasoning

  1. 01

    AG-v-de Lima; AG-v-de Sousa; AG-v-Price, Bass; AG-v-Présumé; Gregory-v-AG; Campbell, MacKenzie and Malloy-v-AG; Humberto Ribas

    Sentencing for possession of controlled substances considers both quantity and risk to the public.

06

Ratio, limits and disposition

Ratio decidendi

The appropriate starting point for sentencing is five and a half years imprisonment, reduced to three and a half years due to mitigating factors, with forfeiture and destruction of the drugs ordered.

Obiter and limits

  • Pregnancy during unlawful absence is not a mitigating factor but an aggravating feature.

Court disposition

conviction and sentencing

  • Three and a half years imprisonment for Miss Lomas
  • 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

[2001] JRC 94

JUDGMENT THE DEPUTY BAILIFF: 1. The Crown has withdrawn the count of possession with intent to supply and has proceeded on the basis that the heroin brought into the island by Lomas was for her own personal use.

2. The Crown advocate has nevertheless submitted that there was a risk that with such a large quantity of heroin some might have been shared or stolen, thus adding to the amount of heroin available in the island. We think that that is the proper approach and we adopt it.

3. We think, however, that the appropriate starting point in this case is one of five and a half years imprisonment.

4. This is an unusual case in the sense that Lomas, having won a large some of money, at bingo, had no need, financially, to sell the heroin. Furthermore, we accept from the reports before us that her addiction was so heavy that the amount involved, twenty eight grams, could have been consumed by her during the planned seven days in Jersey.

5. We agree with the Crown advocate that the pregnancy, particularly as it began whilst she was unlawfully at large, having absconded after compassionate bail had been granted, is not a mitigating factor. If anything, it is an aggravating feature of this case.

6. We think that the deductions allowed by the Crown advocate for the mitigating factors are right and proper and the sentence of the court, accordingly, is that you will be sentenced, Miss Lomas, to three and a half years imprisonment and we furthermore order the forfeiture and destruction of the drugs. Authorities AG-v-de Lima . (30th June 2000) Jersey Unreported; [2000/122] AG-v-de Sousa (2nd June 1997) Jersey Unreported; [1997/101] AG-v-Price, Bass (25th May 2000) Jersey Unreported; [2000/88] AG-v-Présumé (1st November 2000) Jersey Unreported; [2000/213] Gregory-v-AG (15th January 1997) Jersey Unreported CofA; [1997/4] Campbell, MacKenzie and Malloy-v-AG (1995) JLR 136 CofA. Humberto Ribas (9th February 1976) Court of Criminal Appeal 147 Page Last Updated: 20 Jun 2016 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.

AG-v-de Lima (30th June 2000) Jersey Unreported; [2000/122]

Case cited

AG-v-de Sousa (2nd June 1997) Jersey Unreported; [1997/101]

Case cited

AG-v-Price, Bass (25th May 2000) Jersey Unreported; [2000/88]

Case cited

AG-v-Présumé (1st November 2000) Jersey Unreported; [2000/213]

Case cited

Gregory-v-AG (15th January 1997) Jersey Unreported CofA; [1997/4]

Case cited

Campbell, MacKenzie and Malloy-v-AG (1995) JLR 136 CofA

Case cited

Humberto Ribas (9th February 1976) Court of Criminal Appeal 147

Case cited

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