AG -v- McInally [2015] JRC 171 (18 August 2015)
- Citation
- [2015] JRC 171
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Sentencing
More details
- Posture
- Criminal / Sentencing
On this page
Professional case brief
Research organized from the available case record
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)
DefendantCrown
ProsecutorAmounts and remedies
- Heroin Street Value: GBP 110,000
- Heroin Weight: 110
- Confiscation Order Amount: GBP 275
- Sentence Length (months): 84
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
Appropriate sentence for conspiracy to import heroin
- 02
Application of confiscation order
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
Legal principles
- 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
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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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