AG v Neil [2004] JRC 088 (14 May 2004)
- Citation
- [2004] JRC 088
- 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
The defendant is sentenced based on the seriousness of possessing a Class A drug, but with recognition of mitigating factors and the absence of commercial motive, resulting in suspended sentences.
Court disposition
convicted; custodial sentences imposed and suspended
Orders
- 1 month's imprisonment on Count 1, suspended for two years
- 12 months' imprisonment on Count 2, suspended for two years
- 12 months' imprisonment on Count 3, suspended for two years
- 1 month's imprisonment on Count 4, suspended for two years
- 3 months' imprisonment on Count 5, suspended for two years
- forfeiture and destruction of the drugs
02
Material facts
Parties
Neil
Defendant Counsel: defence counselCrown Advocate
Prosecutor Counsel: Crown AdvocateAmounts and remedies
- Count 1 Imprisonment (months): 1
- Count 2 Imprisonment (months): 12
- Count 3 Imprisonment (months): 12
- Count 4 Imprisonment (months): 1
- Count 5 Imprisonment (months): 3
- Suspension Period (years): 2
03
Procedural history
Posture
Criminal / Sentencing
04
Questions and positions
Legal issues
- 01
Appropriate sentence for possession of a Class A drug
- 02
Consideration of mitigating factors in sentencing
- 03
Distinction between social and commercial supply
Party arguments
- Applicant
- Mitigating factors and character references should be taken into account; any supply was social, not commercial.
- Respondent
- Possession of a Class A drug is a serious matter; conclusions of the Crown Advocate are appropriate.
05
Court’s reasoning
Legal principles
- 01
Criminal Justice (Suspension of Prison Sentences)(Jersey) Law 2003
Possession of a Class A drug is a serious offence, but social supply without commercial motive is treated less severely.
- 02
Campbell & Ors -v- A. G. [1995]JLR136
Mitigating factors and character references may reduce sentence severity.
06
Ratio, limits and disposition
Ratio decidendi
The defendant is sentenced based on the seriousness of possessing a Class A drug, but with recognition of mitigating factors and the absence of commercial motive, resulting in suspended sentences.
Obiter and limits
- It is a pity that at this stage of your life you should have spoiled what was until now a good record.
Court disposition
convicted; custodial sentences imposed and suspended
- 1 month's imprisonment on Count 1, suspended for two years
- 12 months' imprisonment on Count 2, suspended for two years
- 12 months' imprisonment on Count 3, suspended for two years
- 1 month's imprisonment on Count 4, suspended for two years
- 3 months' imprisonment on Count 5, suspended for two years
- 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.
Court record
Judgment
JUDGMENT THE BAILIFF: 1. Neil, it is a pity that at this stage of your life you should have spoiled what was until now a good record, including a good work record as a law abiding member of the community. The Court does regard the possession of a Class A drug as being a serious matter. We accept that any supply would have been a social supply and not with any commercial motive and we are going to sentence you on that basis.
2. We take into account all the mitigating factors that have been drawn to our attention and the character references that have been provided by your counsel. Having regard to all those matters and the submissions of your counsel we think that the conclusions of the Crown Advocate are right. You will therefore be sentenced on Count 1 to 1 month's imprisonment; on Count 2 to 12 months' imprisonment; on Count 3 to 12 months' imprisonment; on Court 4 to 1 month's imprisonment; and Count 5 to 3 months' imprisonment, and all those sentences will be suspended for two years. We order the forfeiture and destruction of the drugs. Authorities Gregory -v- A. G. (15 th January, 1997) Jersey Unreported; [1997/4]. Conquer -v- A. G . (4 th April, 2002) Jersey Unreported; [2002/73]. Criminal Justice (Suspension of Prison Sentences)(Jersey) Law 2003. Campbell & Ors -v- A. G. [1995]JLR136. Rimmer & Ors -v- A. G. [2001]JLR373. Finnigan -v- A. G. [2004]JRC077. Page Last Updated: 24 Jun 2016 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
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