Jersey Judgment

AG v Neil [2004] JRC 088 (14 May 2004)

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Source document

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 counsel

Crown Advocate

Prosecutor Counsel: Crown Advocate

Amounts 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

  1. Posture

    Criminal / Sentencing

04

Questions and positions

Legal issues

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

  1. 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.

  2. 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 text

The complete available source text.

Source document

Court record

Judgment

[2004] JRC 088

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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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Gregory -v- A. G. (15th January, 1997) Jersey Unreported; [1997/4]

Case cited

Conquer -v- A. G. (4th April, 2002) Jersey Unreported; [2002/73]

Case cited

Campbell & Ors -v- A. G. [1995]JLR136

Case cited

Rimmer & Ors -v- A. G. [2001]JLR373

Case cited

Finnigan -v- A. G. [2004]JRC077

Case cited

Criminal Justice (Suspension of Prison Sentences)(Jersey) Law 2003

Legislation

Legislation referenced in the available case record.

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