Jersey Judgment

AG -v- MacKenzie [2005] JRC 140 (12 October 2005)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The court imposed a custodial sentence based on the seriousness of the offences, application of sentencing guidelines, and mitigation including guilty plea and confession.

Court disposition

conviction and custodial sentence

Orders

  • 2 years' imprisonment on Count 1
  • 6 months' concurrent on Counts 2, 3, and 4
  • forfeiture and destruction of drugs
  • confiscation order in the sum of £5,575

02

Material facts

Parties

MacKenzie

Defendant Counsel: Defence Counsel

Crown Advocate

Prosecution Counsel: Crown Advocate

Amounts and remedies

  • Benefit From Drug Trafficking: GBP 25,000
  • Confiscation Order: GBP 5,575

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

Party arguments

Applicant
MacKenzie pleaded guilty, confessed to dealing, has minor prior offences from 20 years ago, is industrious, has a good work record, and is a caring family man.
Respondent
Crown Advocate argued for a starting point of 4 years' imprisonment based on guideline cases and MacKenzie's record.

05

Court’s reasoning

  1. 01

    guideline cases

    Sentencing guidelines for drug offences

  2. 02

    conventional sentencing practice

    One-third discount for guilty plea

06

Ratio, limits and disposition

Ratio decidendi

The court imposed a custodial sentence based on the seriousness of the offences, application of sentencing guidelines, and mitigation including guilty plea and confession.

Obiter and limits

  • MacKenzie has let himself and his sons down.
  • The court regrets that MacKenzie fell victim to temptation.

Court disposition

conviction and custodial sentence

  • 2 years' imprisonment on Count 1
  • 6 months' concurrent on Counts 2, 3, and 4
  • forfeiture and destruction of drugs
  • confiscation order in the sum of £5,575

Source and reliance status

Official court record

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Judgment text

The complete available source text.

Source document

Court record

Judgment

[2005] JRC 140

JUDGMENT THE BAILIFF: 1. MacKenzie has pleaded guilty to counts involving the supply of cannabis resin and the possession of ecstasy, cocaine and cannabis. He candidly admitted that he had bought bars of cannabis resin and sold them to supplement his income. He has admitted benefiting from drug trafficking to the extent of some £25,000 and the Court has made a confiscation order in the sum of £5,575.

2. Applying the guideline cases we agree with the Crown Advocate that the appropriate starting point is one of 4 years' imprisonment. MacKenzie has a record of previous convictions, but we agree with his counsel that the minor drugs offences committed 20 or so years ago can for sentencing purposes be ignored. He is industrious, has a good work record, and is a caring family man. It is a matter of great regret that he should have fallen victim to temptation in this way.

3. He has pleaded guilty to the indictment and is entitled to the conventional one-third discount in that respect. There is another aspect of mitigation, however, rightly emphasised by Defence Counsel and that is that by confessing to dealing in cannabis, which led to the laying of Count 1, he has effectively written his own indictment in that respect.

4. MacKenzie you have let yourself down; more importantly we think you have set an appalling example for your sons and you have let them down too. We are giving as much weight as we can to the mitigating circumstances, but we must send you to prison for the offences which you have committed.

5. The sentence of the Court is that you will go to prison on Count 1, for 2 years; on Count 2, to 6 months' concurrent; Count 3, to 6 months' concurrent; Count 4, to 6 months, concurrent, making a total of 2 years' imprisonment. We order the forfeiture and destruction of the drugs. Authorities Campbell Molloy and MacKenzie -v- AG [1995 JLR 136 ]. A. G. -v-Bouhaire [2004]JRC004. AG -v- MacDonald [2005]JRC004. Page Last Updated: 14 Jul 2016 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

A.G. v Bouhaire [2004] JRC004

Case cited

AG v MacDonald [2005] JRC004

Case cited

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