Jersey Judgment

AG -v- McInally [2015] JRC 171 (18 August 2015)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

Given the defendant's central role in the conspiracy and the amount of heroin involved, a starting point of 11 years is justified. Full credit is given for the guilty plea and mitigation, resulting in a sentence of 7 years' imprisonment.

Court disposition

convicted and sentenced

Orders

  • 7 years' imprisonment
  • Confiscation order in the sum of £275
  • Forfeiture and destruction of the drugs

02

Material facts

Parties

Unknown (Defendant)

Defendant

Crown

Prosecutor

Amounts and remedies

  • Heroin Street Value: GBP 110,000
  • Heroin Weight: 110
  • Confiscation Order Amount: GBP 275
  • Sentence Length (months): 84

03

Procedural history

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

Party arguments

Applicant
Mitigation based on guilty plea, positive character references, and efforts to turn life around. No convictions since birth of children.
Respondent
Defendant was close to the centre of the importation conspiracy. Starting point of 11 years is appropriate.

05

Court’s reasoning

  1. 01

    Court guidance and cited authorities

    Sentencing guidelines for drug importation conspiracies must be followed, with adjustments for mitigation and guilty plea.

06

Ratio, limits and disposition

Ratio decidendi

Given the defendant's central role in the conspiracy and the amount of heroin involved, a starting point of 11 years is justified. Full credit is given for the guilty plea and mitigation, resulting in a sentence of 7 years' imprisonment.

Obiter and limits

  • Positive character references and efforts to reform were noted but did not outweigh the seriousness of the offence.

Court disposition

convicted and sentenced

  • 7 years' imprisonment
  • Confiscation order in the sum of £275
  • Forfeiture and destruction of the drugs

Source and reliance status

Official court record

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Judgment text

The complete available source text.

Source document

Court record

Judgment

[2015] JRC 171

JUDGMENT THE DEPUTY BAILIFF: 1. You are here to be sentenced for your part in a conspiracy to import 110 grams of heroin into Jersey from Glasgow with a Jersey street value of £110,000. Your three co-conspirators have already been sentenced on an earlier occasion.

2. As the Crown has said, from a consideration of the evidence available from telephone analysis and the actions you have taken, you were close to the centre of this importation and we are satisfied, as indeed is accepted by your counsel, that a starting pint of 11 years is appropriate in these circumstances.

3. We have considered the mitigation available to you, your guilty plea in particular, which goes very much to your credit and for which we have allowed a full value. We have also read with great care the letters that have been sent of your behalf; they do speak well of you and they suggest that you are trying to turn your life around, especially the letter from your partner and from her mother. You do not have the benefit of good character, indeed you have previous convictions for the possession of drugs, but there have been no convictions since the birth of your children.

4. We make the Confiscation Order requested in the following terms: we declare you have benefitted to the extent of £275 and we order a nominal confiscation as requested by the Crown.

5. We have considered with care the length of the sentence that we should impose. The guidance of the Court is clear and we think that the Crown has assessed the appropriate level of sentence correctly. We feel able, however, to make a small adjustment and you are sentenced to 7 years' imprisonment.

6. We also order the forfeiture and destruction of the drugs. Authorities AG-v-Capuano Mason McBride and Picot [2014] JRC 034 . Rimmer and Ors-v-AG [2001] JLR 373 . Page Last Updated: 27 Sep 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.

AG-v-Capuano Mason McBride and Picot [2014] JRC 034

Case cited

Rimmer and Ors-v-AG [2001] JLR 373

Case cited

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